DNA evidence is not sufficiently relevant to be admissible when the defendant “could not be excluded from a possibly infinite number of people matching the crime-scene DNA and the DNA expert cannot offer a statistical probability whether the crime scene DNA came from the defendant.”
Appeals
State v. West, No. 45A03-1003-PC-213, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2010)
When the trial transcript was not completed by the date of the P-C.R. hearing, the P-C.R. court did not err in admitting the “then-unavailable transcript” into evidence, with the consent of State and the petitioner, at the hearing in anticipation of its being admitted after completion.
Belmares-Bautista v. State, No. 57A04-1003-CR-223, __ N.E.2d __ (Ind. Ct. App., Dec. 22, 2010)
When defendant made no claim that Spanish language documents he read erroneously translated a standard advisement of the right to counsel or that he did not understand the advice, he failed to show his waiver of counsel was not knowing, voluntary, and intelligent.
Jones v. State, No. 32A04-1004-CR-309, __ N.E.2d __ (Ind. Ct. App., Dec. 27, 2010)
Reverses order for $1322.60 jury fee, as statute authorizes no more than $2 as a jury fee. Remands for ability to pay determination as required by statute for order requiring payment of $4527 appointed counsel fee and $164 docket fee.
In re M.F., No. 21A04-1002-JP-84, ___ N.E.2d ____ (Ind. Ct. App., Dec. 27, 2010)
Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.