Finds the State’s four race-neutral reasons for peremptory challenge to only African-American venireperson to have been pretextual because the trial judge made no finding which of the four reasons it relied on to reject the Batson challenge and because the State failed to “develop anything beyond the most superficial of records regarding its reasons.”
Appeals
Cundiff v. State, No. 31A05-1008-CR-607, __ N.E.2D __ (Ind. Ct. App., June 23, 2011)
Defendant incarcerated on other charges but released on recognizance on the charges at issue was not eligible for the Criminal Rule 4(B) speedy trial remedy.
Foster v. State, No. 02A03-1010-CR-596, __ N.E.2d __ (Ind. Ct. App., June 10, 2011)
Police had probable cause to believe contraband was in the residence, but a warrantless search violated the Indiana Constitution when “[t]wenty-one days had elapsed since the controlled buy, and there [wa]s no evidence that exigent circumstances called for an immediate arrest.”
Gaby v. State, No. 79A02-1006-CR-804, __ N.E.2d __ (Ind. Ct. App., June 7, 2011)
After alleged victim testified she remembered that defendant’s vaginal molestation did not include touching her in other ways, it was error to allow her pretrial statement to the contrary into evidence to “refresh” her recollection.
Arthur v. State, No. 28A01-1008-CR-489, __ N.E.2d __ (Ind. Ct. App., June 8, 2011)
2010 community corrections home detention credit time amendment is not limited only to persons subject to an IC 35-38-2.6-1 “direct commitment” to community corrections, as “it would indeed be illogical to interpret the statute so as to allow the offender to earn credit time when placed on a home detention community corrections program only if it is a direct placement of an offender who has committed an offense for which no portion of the sentence may be suspended.”