Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.
Criminal
Montejo v. Arizona, No. 07-1529, __ U.S. __ (May 26, 2009)
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.
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.