Evidence of internet searches on sexual topics are not admissible under Indiana Rule of Evidence 412 when the defense is unable to establish that the victim had exclusive control of the device upon which the searches were conducted.
Criminal
Dilley v. State, No. 19A-CR-173, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).
A trial court errs when it grants the State’s motion for continuance, based the unavailability of laboratory testing results, under Criminal Rule 4(D), where the State fails to establish diligence.
Gibson v. State, No. 22S00-1601-PD-00009, 22S00-1608-PD-00411, __ N.E.3d __ (Ind., Oct. 24, 2019).
Gibson, who was sentenced to death, received the effective assistance of trial counsel
Byers v. State, No. 19A-CR-246, __ N.E.3d __ (Ind. Ct. App., Oct. 24, 2019
A four-day period between the illegal activity and the finding of probable cause does not render a warrant constitutionally stale.
Schuler v. State, No. 31S00-1703-LW-134, __ N.E.3d __ (Ind., Oct. 18, 2019).
Because the trial court’s revised sentencing order demonstrated that it did not rely on non-statutory aggravating circumstances in imposing life without parole, the order was not improper.