Testimony that cooking ephedrine/pseudoephedrine would “usually” and “generally” reduce it to methamphetamine at a 70 percent ratio but that ratio could have been as low as 50 percent was insufficient to prove defendant was manufacturing more than three grams of methamphetamine so as to support an A felony conviction.
Appeals
Taylor v. State, No. 71A04-1001-PC-6, __ N.E.2d __ (Ind. Ct. App., July 9, 2010)
Officers’ warrantless search of home to determine whether there was an additional occupant who could have fired a weapon was a valid protective sweep.
Fowler v. State, No. 49A02-0910-CR-1037, __ N.E.2d __ (Ind. Ct. App., June 30, 2010)
A police booking printout was “administrative,” not investigative, and hence was admissible under the public record hearsay exception; the booking printout also was not “testimonial” under the Crawford confrontation rule.
T.N. v. B.D., No. 49A02-0907-JV-693, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)
Trial court’s order prohibiting Mother from discussing with the media the knowledge she obtained independent of juvenile proceedings was an invalid prior restraint on Mother’s free speech rights.
Harrison v. Veolia Water Indianapolis, LLC, No. 49A04-0912-CV-722, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)
Water company was not a governmental entity or a political subdivision of the State entitled to the protections of the Indiana Tort Claims Act.