“Certificate of Inspection and Compliance of Breath Test Instrument” issued within prior 180 days was sufficient foundation for admissibility of breath test results.
Appeals
Garcia v. State, No. 45A03-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).
Probable-cause affidavit’s statement that crime victim paid $3,600 for counterfeit coins was insufficient to support restitution order in that amount; facts presented in probable cause affidavits pose a risk of unreliability that the hearsay rule is designed to protect against.
Lovett v. State, No. 20A04-1506-MI-591, ___ N.E.3d ___ (Ind. Ct. App. Dec. 11, 2015).
Indiana’s Sex Offender Registration Act did not violate ex post facto clause of the Indiana Constitution as applied to defendant. SORA did not exist at the time of defendant’s 1991 conviction in Washington, but Washington law imposed similar registration requirements; thus, applying SORA after defendant moved here in 2003 imposed no new punishment.
Rogers v. Martin, No. 02A05-1506-CT-520, __ N.E.3d __ (Ind. Ct. App., Dec.14, 2015).
A social host has the duty to render aid to a guest.
Kunberger v. State, No. 02A03-1505-CR-304, ___ N.E.3d ___ (Ind. Ct. App. Dec. 2, 2015).
Convictions by open guilty plea for criminal confinement, strangulation, and domestic battery did not violate double jeopardy under the actual evidence test. Defendant could not show that all three offenses were based on a single act of strangulation, because his factual basis admitted only the bare elements of each offense, and facts in the probable cause affidavit showed a time span and course of conduct that could have provided separate and distinct facts for each offense.