Assuming search warrant affidavit did not state probable cause, it still presented enough “indicia” for the “good faith exception” to apply.
Criminal
Pollard v. State, No. 05S02-0906-CR-305, __ N.E.2d __ (Ind., June 30, 2009)
Retroactive application of the sex offender “residency restriction statute” to Pollard violates the Indiana Constitution’s Ex Post Facto Clause.
King v. State, No. 49A04-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)
Internet service provider’s business record of defendant’s internet account activity was inadmissible under Ev. Rule 803(6) when there was no verification by provider of personal information filled in by the one who established the account, leading to a “lack of trustworthiness” under the Rule.
Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)
Applies “prison mailbox rule” to P-C.R. 1 proceedings.
State v. Cioch, No. 79S05-0902-CR-00092, __ N.E.2d __ (Ind., July 1, 2009)
Breath test results were admissible even though machine had not been adjusted to reflect daylight savings time.