Retroactive application of the sex offender “residency restriction statute” to Pollard violates the Indiana Constitution’s Ex Post Facto Clause.
Supreme
State v. Cioch, No. 79S05-0902-CR-00092, __ N.E.2d __ (Ind., July 1, 2009)
Breath test results were admissible even though machine had not been adjusted to reflect daylight savings time.
In re Adoption of Unborn Child B.W., No. 03S04-0810-CV-560, ___ N.E.2d ___ (Ind., June 26, 2009)
Biological father’s consent to the adoption of his child was not irrevocably implied when he failed to file a motion to contest in the adoption court but did take concurrent steps to establish paternity and preserve and assert his parental rights in another court.
Helton v. State, No. 20S04-0901-PC-41, __ N.E.2d __ (Ind., June 23, 2009)
Defendant who pled guilty after a day of trial failed at his post-conviction hearing to prove that counsel’s failure to file a motion to suppress satisfied the prejudice prong of the ineffective assistance test; assuming for analysis that the motion to suppress would have been granted, defendant still had to prove prejudice in the P-C.R. 1 hearing by showing that the state would not have had sufficient evidence to convict him had trial continued.
Lucio v. State, No. 29S00-0901-CR-1, __ N.E.2d __ (Ind., June 23, 2009)
Prompt admonition to jury to disregard lay witness’s statement in violation of motion in limine “though you have never heard of it,” together with other circumstances of the trial, avoided need for mistrial.