Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
Appeals
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.
Dowdell v. City of Jeffersonville, No. 10A04-0811-CV-676, ___ N.E.2d ___ (Ind. Ct. App., June 9, 2009)
Jeffersonville ordinance that prohibited convicted sex offenders from entering public parks was unconstitutional as applied under the prohibition on ex post facto laws in the Indiana Constitution.
State v. Boadi, No. 64A05-0807-CR-420, __ N.E.2d __ (Ind. Ct. App., May 13, 2009)
Failure to stop at a red light due to inadvertence or an error in judgment, without more, does not constitute recklessness.
McMurrar v. State, No. 49A02-0809-CR-868, __ N.E.2d __ (Ind. Ct. App., May 12, 2009)
Admission of drug test results on testimony of sponsoring witness, the lab’s quality assurance manager, without testimony of the lab scientist who performed the test or a showing of the latter’s unavailability, violated defendant’s confrontation rights.