Fifth Amendment Double Jeopardy clause does not preclude State “from retrying a defendant where in the first trial the jury acquitted the defendant of murder with respect to one victim but failed to return a verdict on a charge of attempted murder with respect to another victim.”
Supreme
Pfenning v. Lineman, No. 27S02-1006-CV-331, __ N.E.2d __ (Ind. Ct. App., May 18, 2011)
“ We reject the concept that a participant in a sporting event owes no duty of care to protect others from inherent risks of the sport but adopt instead the view that summary judgment is proper due to the absence of breach of duty when the conduct of a sports participant is within the range of ordinary behavior of participants in the sport and therefore reasonable as a matter of law.”
Konopasek v. State, No. 25S03-1012-CR-669, __ N.E.2d __ (Ind., May 5, 2011)
When defendant testified he forthrightly had reported the fight he had been in to his probation officer, conveying the impression he was honest with the officer and hence honest generally, the State was entitled to establish a motive to lie about self-defense in the fight by eliciting the fact the defendant was on probation for methamphetamine offenses and faced significant jail time if probation was revoked.
Lacey v. State, No. 02S05-1010-CR-601, __ N.E.2d __ (Ind., May 10, 2011)
[T]he Indiana Constitution does not require prior judicial authorization for the execution of a warrant without knocking and announcing when justified by exigent circumstances known by police when the warrant was obtained,” although obtaining such prior judicial authorization is the better police practice.
Wilkins v. State, No. 02S03-1010-CR-604, __ N.E.2d __ (Ind., May 10, 2011)
Police had sufficient reasons to execute search warrant without knocking and announcing, and in any event the Fourth Amendment exclusionary rule is not applied to decisions not to knock and announce.