Judges reverse denial of motion to suppress
The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.
DUI
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New Supreme Court lineup could change pro se case outcome
The Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding pro se.
Judges uphold OWI conviction
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
Ticket can’t constitute ‘testimonial hearsay’
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
Hamilton Superior judge arrested out-of-state for DWI
Hamilton Superior Judge William J. Hughes was arrested for drunk driving last week while vacationing in the Outer Banks of North Carolina.
Judge rejects former prosecutor spokesman’s plea
A Hamilton County judge has rejected the plea agreement of the former public information officer for Marion County Prosecutor Carl Brizzi.
Majority: warrantless car search OK under automobile exception
The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
First impression case on mouthpieces as ‘foreign substance’
In a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
Majority orders new requirement for pro se defendants with little guidance
Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.
State didn’t prove man was drunk when driving
The Indiana Court of Appeals reversed a defendant's conviction of driving while intoxicated because the state failed to prove the man was intoxicated when he drove his moped.