There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
Martin v. State, No. 73A01-1207-CR-300, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
Trial delays caused by toxicology witness’s repeated failures to appear for defense deposition were properly counted against the State in computing the Criminal Rule 4(C) one-year period.
Lopez v. State, No. 15A01-1212-CR-550, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
When the State had seized considerable sums from defendant’s safe deposit boxes, the adverse effect flight would have on his ability to recover the money was a factor the court should have given some weight to in setting bail.
State Farm Fire & Cas., Co. v. Radcliff, No. 29A04-1111-CT-571, __ N.E.2d __ (Ind. Ct. App., Apr. 11, 2013).
Affirms the jury’s $14.5 million verdict on the defendant’s defamation counterclaim.
Meredith v. Pence, No. 49S00-1203-PL-172,___ N.E.2d ___ (Ind., March 26, 2013).
“[T]he Indiana school voucher program, the Choice Scholarship Program, is within the legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.