Assuming search warrant affidavit did not state probable cause, it still presented enough “indicia” for the “good faith exception” to apply.
Supreme
Pollard v. State, No. 05S02-0906-CR-305, __ N.E.2d __ (Ind., June 30, 2009)
Retroactive application of the sex offender “residency restriction statute” to Pollard violates the Indiana Constitution’s Ex Post Facto Clause.
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.