Montgomery v. State, No. 82A01-1404-CR-163, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2014).

NPLEx system’s records of pseudoephedrine or ephedrine sales evidence were not “testimonial” and hence their admission did not violate the accused’s Sixth Amendment Confrontation Clause rights.

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Watters v. State, No. 34A02-1403-CR-215, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).

Under the “indicia of reliability” rule for probation revocation evidence, admission of uncertified exhibits not substantiated by certified copies, affidavits, or testimony was reversible error.

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Montgomery v. State, No. 49A02-1312-CR-1039, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2014).

When post-conviction court determines petitioner received ineffective assistance of counsel on direct appeal, the remedy is a new trial, not a trial court order that petitioner received a second direct appeal.

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Smith v. State, No. 71A04-1312-CR-609, __ N.E.3d __ (Ind. Ct. App., Nov. 24, 2014).

When accomplice had given a sworn factual basis for her burglary guilty plea admitting that she broke into the building, her testimony under a grant of immunity at defendant’s trial that defendant was the one who had broken in, not her, amounted to reversible knowing use of perjured testimony by the State.

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Weedman v. State, No. 90A04-1311-CR-549, __ N.E.3d __ (Ind. Ct. App., Nov. 26, 2014).

It was error to admit evidence of defendant’s withdrawal of his insanity defense, including testimony of the experts.

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