DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.
Adams v. State, No. 29S02-1109-CR-542, __ N.E.2d __ (Ind., Feb. 2, 2012).
To impose the IC 35-48-4-15(a) mandatory license suspension for using a vehicle in the commission of a drug offense, the “State must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense”; evidence defendant “possessed a jar of marijuana by keeping the jar on the floorboard in front of him while he sat in the passenger seat” supported suspension; it was “not a situation in which a defendant merely happened to possess a small bag of marijuana in his pocket without making any direct use of the vehicle to do so.”
Person v. Shipley, No. 20S03-1110-CT-609, ___ N.E.2d ___ (Ind., Jan. 31, 2012).
Trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case.
Bennett v. Richmond, No. 20S03-1105-CV-293, ___ N.E.2d ___ (Ind., Jan. 31, 2012).
Trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case.
Jones v. United States, No. 10–1259, 565 U.S. __ (Jan. 23, 2012).
Warrantless placement of a wireless GPS monitor on underbody of auto was a Fourth Amendment “search.”