Dying stab victim’s response to question “who did this” from police officer trying to help staunch the wounds was not “testimonial” under Crawford doctrine and hence its admission did not violate defendant’s confrontation right.
C. Bradford
Koors v. Steffen, No. 57A03-0904-CV-167, __ N.E.2d __ (Ind. Ct. App., Nov. 6, 2009)
When contract provided for arbitration and also left a chance a lien could arise, the possibility the court would have to engage in foreclosure procedures depending on the arbitration outcome required the court to stay the litigation pending the arbitration, rather than dismissing the suit.
Garcia-Torres v. State, No. 64A03-0812-CR-630, __ N.E.2d__ (Ind. Ct. App., Sept. 30, 2009)
DNA cheek swab may be taken without a warrant based on reasonable suspicion; Pirtle counsel right for a valid consent to search by a person in custody does not apply to consenting to taking of a cheek swab.
Collins v. State, No. 35A02-0902-CR-162 , __ N.E.2d __ (Ind. Ct. App., Aug. 21, 2009)
Probation modification statute permitted addition of special probation conditions without proof of a violation, and as statute is remedial it applied to probation imposed before its adoption.
Ben-Yisrayl v. State, No. 49A02-0806-CR-512, __ N.E.2d __ (Ind. Ct. App., July 10, 2009)
Indiana capital procedures do not authorize court to impose a term of years as a back-up sentence in case death penalty is reversed.