Prosecutorial misconduct in closing-argument, showing slide highlighting defendant’s failure to produce evidence, was not fundamental error; trial court interrupted the slide and appropriately admonished the jury sua sponte, and defense did not move for mistrial.
M. May
Rhodes v. State, No. 49A02-1503-CR-173, ___ N.E.3d ___ (Ind. Ct. App. Jan. 19, 2016).
Inventory search of defendant’s vehicle was unconstitutional, absent proof of existence of (or compliance with) established police procedures for such searches.
Woods v. State, No. 20A03-1506-PC-688, ___ N.E.3d ___ (Ind. Ct. App. Dec. 29, 2015).
Post-conviction court erred in finding that defendant received effective assistance of trial counsel; there was no serious dispute that counsel (now deceased) had failed prior to trial to communicate a guilty-plea offer that would have reduced defendant’s sentence exposure to about half of what he actually received.
Wolpert v. State, No. 01A02-1506-CR-561, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).
“Certificate of Inspection and Compliance of Breath Test Instrument” issued within prior 180 days was sufficient foundation for admissibility of breath test results.
Garcia v. State, No. 45A03-1503-CR-86, ___ N.E.3d ___ (Ind. Ct. App. Dec. 21, 2015).
Probable-cause affidavit’s statement that crime victim paid $3,600 for counterfeit coins was insufficient to support restitution order in that amount; facts presented in probable cause affidavits pose a risk of unreliability that the hearsay rule is designed to protect against.