Acting pursuant to Appellate Rule 7(B), revises 40 year dealing in methamphetamine sentence to 30 years.
Legg v. State, No. 49A02-1404-CR-279, __ N.E.3d __ (Ind. Ct. App., Dec. 10, 2014).
Affirms trial court’s decision not to apply the alternative juvenile sentencing provision and to instead impose a standard adult sentence.
Montgomery v. State, No. 82A01-1404-CR-163, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2014).
NPLEx system’s records of pseudoephedrine or ephedrine sales evidence were not “testimonial” and hence their admission did not violate the accused’s Sixth Amendment Confrontation Clause rights.
Warger v. Shauers, No. 13–517, 574 U. S. ____ (2014).
Federal Rule of Evidence 606(b) applies to juror testimony during a proceeding seeking to secure a new trial on the grounds that a juror lied during voir dire.
Watters v. State, No. 34A02-1403-CR-215, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).
Under the “indicia of reliability” rule for probation revocation evidence, admission of uncertified exhibits not substantiated by certified copies, affidavits, or testimony was reversible error.