Brief contact twice with the fog line on a curvy road at night did not confer reasonable suspicion for a traffic stop.
Keck v. State, , __N.E.2d __ (Ind. Ct. App., Apr. 24, 2013).
Affirms trial judge’s conclusion that poor county road conditions made driving left-of-center necessary so that officer did not have a reasonable suspicion for stopping motorist driving on the left.
Meehan v. State, No. 71A04-1209-CR-453, __ N.E.2d __ (Ind. Ct. App., Apr. 25, 2013).
Presence of defendant’s DNA on an object at the crime scene, standing alone, was insufficient to prove he committed the offense.
Guzman v. State, No. 54A01-1209-CR-409, __ N.E.2d __ (Ind. Ct. App., Apr. 15, 2013).
When defendant pled guilty to reckless homicide based on death of the driver of the vehicle defendant crashed into, the deceased driver’s passenger was a “victim” for whom trial court properly ordered restitution payment of medical expenses.
Missouri v. McNeely, No. 11–1425, __U.S. __ (April 17, 2013).
Rejects argument that “the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases,” and holds instead “that exigency in this context must be determined case by case based on the totality of the circumstances.”