Indiana capital procedures do not authorize court to impose a term of years as a back-up sentence in case death penalty is reversed.
Peterson v. State, No. 29A05-0902-CR-101, __ N.E.2d )__ (Ind. Ct. App., July 14, 2009)
Probationer’s answers to sex offender treatment polygraph exam were properly admitted at his probation revocation hearing.
Hoop v. State, No. 49A02-0807-CR-666, __ N.E.2d __ (Ind. Ct. App., July 14, 2009)
In contrast to the Fourth Amendment, the Indiana Constitution requires reasonable suspicion before police may conduct a drug dog sniff of a residence.
Caruthers v. State, No. 46A05-0810-CR-623, __ N.E.2d __ (Ind. Ct. App., July 15, 2009)
When jurors told bailiff during trial that defendant or his family had intimidated them, it was fundamental error for trial court not to examine jurors to determine what they had been exposed to and whether they could remain impartial.
In re Custody of J.V., No. 27A02-0903-JV-232, ___ N.E.2d ___ (Ind. Ct. App., July 7, 2009)
Although evidence supports trial court’s determination that grandmother was de facto custodian, trial court was also required to make findings regarding its determination to award custody to grandmother.