Hall v. State, No. 25A05-1008-CR-534, __ N.E.2d __ (Ind. Ct. App., Mar. 15, 2011)

Where defendant was confined prior to trial on several counties’ unrelated charges and court used discretion to make sentence consecutive to those imposed in the other counties, defendant was entitled to pretrial credit time only against the aggregate of the consecutive sentences.

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Gray v. State, No. 82A01-1005-CR-223, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2011)

Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.

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White v. State, No. 15A01-1008-CR-463, __ N.E.2d __ (Ind. Ct. App., Mar. 9, 2011)

Record of defendant’s felony conviction reached in another state when he was fifteen years old was insufficient to support habitual offender finding without additional evidence on the other state’s procedures assuring that he was convicted as an adult.

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Michigan v. Bryant, No. 09–150, __ U.S. __ (Feb. 28, 2011)

Statement of mortally wounded victim to police was not “testimonial” under Crawford Confrontation Clause holding because circumstances indicated “primary purpose” of the police questions eliciting statement was to “meet an ongoing emergency.”

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Boss v. State, No. 49A02-1002-CR-225, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2011)

As dog bite and dog control ordinances defendant admitted violating were not criminal, the ordinance judgments did not bar defendant’s prosecution for animal bite and failure to immunize from rabies misdemeanors even though all were based on the same conduct.

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