Overrules Michigan v. Jackson holding that once a suspect has claimed the Sixth Amendment right to a lawyer, any later waiver of that right during police questioning would be invalid, unless the suspect initiates communication with the officers.
Criminal
Meredith v. State, No. 89S04-0808-CR-430, __ N.E.2d __ (Ind., May 28, 2009)
Placement of a temporary license plate inside a vehicle’s back window is an infraction, justifying a traffic stop.
State v. Boadi, No. 64A05-0807-CR-420, __ N.E.2d __ (Ind. Ct. App., May 13, 2009)
Failure to stop at a red light due to inadvertence or an error in judgment, without more, does not constitute recklessness.
McMurrar v. State, No. 49A02-0809-CR-868, __ N.E.2d __ (Ind. Ct. App., May 12, 2009)
Admission of drug test results on testimony of sponsoring witness, the lab’s quality assurance manager, without testimony of the lab scientist who performed the test or a showing of the latter’s unavailability, violated defendant’s confrontation rights.
Salter v. State, No. 49A02-0808-CR-672, __ N.E.2d __ (Ind. Ct. App., June 19, 2005)
Downloading an image to a computer is not “creating a digitized image” under the child exploitation offense; the dissemination of matter harmful to minors offense was unconstitutionally vague as applied to defendant’s sending an image of his genitals to a sixteen year old with whom he could legally have consensual sexual relations.