Walker v. State, No. 71A03-1003-CR-115, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2010)
“Continuing crime doctrine” did not apply to distinct crimes.
Published by the Indiana Judicial Center
“Continuing crime doctrine” did not apply to distinct crimes.
The 2003 amendment to Ind. Code § 30-4-2.1-2, which abrogated the stranger to the adoption rule, applies retroactively to a trust created in 1953 before the settlor’s son adopted two children.
Resisting efforts of several police officers to make an arrest was a single offense, not three, of resisting law enforcement, so that there was no need for a “unanimity” instruction requiring jurors to agree that a particular officer’s efforts were resisted.
Officers’ warrantless search of home to determine whether there was an additional occupant who could have fired a weapon was a valid protective sweep.
A police booking printout was “administrative,” not investigative, and hence was admissible under the public record hearsay exception; the booking printout also was not “testimonial” under the Crawford confrontation rule.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
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