While there is not always a reasonable probability that the result of a proceeding would be different, failure of trial counsel to thoroughly investigate evidence of an alternative suspect is deficient performance.
Criminal
Pedigo v. State, No. 19A-CR-1848, __ N.E.3d __ (Ind. Ct. App., Apr. 13, 2020).
Under Ind. Code § 9-30-7-3, a law enforcement officer is permitted to offer a subsequent chemical test to a person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury when the officer has first administered a portable breath test that produces negative results, even if the officer does not have probable cause to believe the person is under the influence of a controlled substance or another drug.
Cook v. State, No. 19A-CR-2225, __ N.E.3d __ (Ind. Ct. App., Mar. 31, 2020).
Statements to a witness in a pending action to “bow out” to not “lose anything in the end” is sufficient to sustain a conviction for attempted obstruction of justice.
State v. Vande Brake, No. 19A-CR-1772, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).
A trial court lacks authority to sua sponte dismiss a properly filed firearm enhancement.
Atkins v. State, No. 19A-CR-951, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).
Implied adverse consequences and orders to sit down uttered by law enforcement to a suspect, coupled with other factors, may constitute “custody” for purposes of triggering Pirtle and/or Miranda advisements.