Cranston v. State, No. 29A02-1003-CR-374, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)

Datamaster evidence ticket is not “testimonial hearsay” under the Crawford Confrontation Clause holding.

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Oberst v. State, No. 14A05-1003-PC-157, __ N.E.2d __ (Ind. Ct. App., Nov. 3, 2010)

Because the Sixth Amendment counsel right does not apply to a pre-charge police interview, defendant could not assert a claim that counsel gave him ineffective assistance during the interview.

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Moore v. State, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2010)

A woman who was asleep in the passenger seat of her car, which her friend was driving, did not thereby commit the public intoxication offense.

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J.B. v. E.B., 34A04-1002-DR-110, __ N.E.2d __ (Ind. Ct. App., Oct. 20, 2010)

J.B. v. E.B. (Ind. Ct. App., Vaidik, J.)-Child custody modification proceeding based on report the son had touched his sister inappropriately was not subject to the counselor/client privilege, so that records of son’s counseling were admissible.

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State v. Lucas, No. 91A05-1003-CR-247, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)

Portable breath test mouthpiece is not a foreign substance which would invalid a subsequent Datamaster blood alcohol content test.

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