When probationer in open court was informed of date for revocation fact-finding hearing, and would have learned of the rescheduling of the hearing had she appeared on the original date scheduled, she could be tried in absentia when she did not appear at the rescheduled hearing.
Criminal
Davis v. State, No. 45A03-0808-CR-407, __ N.E.2d __ (Ind. Ct. App., June 11, 2009)
Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
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.
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.