For purposes of Criminal Rule 4 analysis, “[e]mploying the rhetoric of ‘delay chargeable to the State’ should be avoided.” Detective’s practice of congenially agreeing defendant had a right to the Miranda counsel he asked for and then continuing the interrogation violated the Edwards rule that interrogation must immediately cease after a counsel demand.
Supreme
Diaz v. State, No. 20S05–0911–PC–521. __ N.E.2d __ (Ind., Sept. 29, 2010)
Post-conviction Spanish translation expert’s chart of translation errors at guilty plea hearing was a demonstrative exhibit erroneously excluded as hearsay. As post-conviction proceeding evidence did not reveal whether guilty plea and sentencing hearings’ Spanish translation was accurate, post-conviction court is directed to commission its own translation of the hearings and rehear evidence.
State v. Hobbs, No. 19S01-1001-CR-10, __ N.E.2d __ (Ind., Sept. 30, 2010)
While defendant was being arrested in the restaurant where he worked, a dog sniff alert for drugs in his car parked in the restaurant lot justified a warrantless search of the car under the “automobile exception.”
Bingley v. Bingley, No. 02S03-1002-CV-122, __ N.E.2d __ (Ind., Sept. 30, 2010)
“[E]mployer-provided health insurance benefits do constitute an asset [subject to division in a dissolution] once they have vested in a party to the marriage.”
Donovan v. Grand Victoria Casino & Resort, L.P., No. 49S02-1003-CV-00124, __ N.E.2d __ (Ind., Sept. 30, 2010)
An Indiana casino may exclude an individual employing “card counting” techniques to improve her chance of winning.