Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.
T. Crone
Berryhill v. Parkview Hosp., No. 02A04-1108-SC-40, ___ N.E.2d ___ (Ind. Ct. App., Feb. 16, 2012).
In detaining an individual, “security guards ‘act[ed] according to’ Indiana Code Article 12-26, which governs the voluntary and involuntary treatment of mentally ill individuals, and ‘assist[ed] in the detention, care, and treatment of an individual alleged … to have a mental illness’ for purposes of Indiana Code Section 12-26-2-6(a)” and are entitled to immunity from the individual’s false imprisonment claim.
Anderson v. State, No. 49A05-1105-CR-243, __ N.E.2d __ (Ind. Ct. App., Jan. 31, 2012).
DNA felony conviction swab statute’s “mistake” exception applied to probation officer’s taking of cheek swab from defendant when abstract of judgment officer had indicated a D felony conviction, with no mention of alternative misdemeanor sentencing.
Bowling v. State, No. 35A04-1107-CR-407, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2012).
Guilty plea judge’s failure to advise defendant of right to appeal sentence did not make agreed waiver of the right to appeal open plea sentence unenforceable, when record showed defendant had read the waiver agreement, gone over it with defense counsel, and agreed to it.
Williams v. State, No. 49A02-1103-CR-266, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2012).
Statutory confidentiality for Board of Pharmacy prescription database protects prescription subject’s physician-patient and pharmacist-patient privileges, and subject’s criminal defense discovery request for prescription records waived these privileges’ protection, so that Board’s objections to disclosure based on confidentiality were without merit.