Appellate courts must apply the same standard of review to video evidence as to other evidence, unless the video evidence indisputably contradicts the trial court’s findings.
Supreme
Sims v. Pappas, No. 45S03-1701-CT-26, __ N.E.3d __ (Ind., May 11, 2017).
Prior alcohol-related driving convictions can be introduced into evidence for the issue of punitive damages and the remoteness of a prior offense does not affect the admissibility of the evidence.
Leonard v. State, No. 71S00-1509-LW-539, __ N.E.3d __ (Ind., May 2, 2017).
In the Richmond Hill explosion murder case, resulting in trial court imposition of two consecutive life without parole sentences, the evidence was sufficient; the State proved the intentional burning aggravator beyond a reasonable doubt; recorded phone calls from prison between defendant and special agent were properly admitted; and, Indiana’s life without parole statute is constitutional.
Zanders v. State, No. 15S01-1611-CR-571, __ N.E.3d __ (Ind., May 4, 2017).
Under the third-party doctrine, police are not required to obtain a search warrant to get historical cell-site location information from a cell phone provider.
Humphrey v. State, No. 48S02-1609-PC-480, __ N.E.3d __ (Ind. Ct. App., May 5, 2017).
Post-conviction relief due to ineffective assistance of counsel was granted fifteen years after murder conviction affirmed on appeal and not barred by the doctrine of laches.