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Case Clips

Published by the Indiana Office of Court Services

Criminal

Lafayette v. State, No. 45A03-0803-CR-118, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: Appeals, J. Kirsch, N. Vaidik, T. Crone

In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.

Arizona v. Johnson, No. 07-1122, __ U.S. __ (Jan. 26, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: R. Ginsburg, SCOTUS

Arizona v. Johnson (U.S., Ginsburg, J.) – During a lawful stop for a traffic infraction, the police may conduct a patdown search of a passenger whom they reasonably suspect to be armed and dangerous.

Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)

January 30, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.

Herring v. United States, No. 07-513, __ U.S. __ (Jan. 14, 2009)

January 16, 2009 Filed Under: Criminal Tagged With: J. Roberts, SCOTUS

Arrest based on police clerk’s report of an active warrant, which was found fifteen minutes later to have been recalled five months earlier, was not subject to the 4th Amendment exclusionary rule, as the police mistake was not “deliberate, reckless, or grossly negligent” nor the result of “circumstances recurring or systemic negligence.”

McGhee v. State, No. 48A02-0804-CR-345, __ N.E.2d __ (Ind. Ct. App., Dec. 29, 2008)

January 2, 2009 Filed Under: Criminal Tagged With: Appeals, C. Bradford, P. Riley

Confession was involuntary when it was induced by officer’s erroneous assurance that consensual sex between defendant and his adult niece was legal.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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