Thursday, December 10, 2009
Ind. Decisions - Two cases granted transfer Dec. 10th
The Clerk's transfer list should be available hopefully by Monday. Meanwhile, the ILB has just received notice that transfer was granted today in the following cases:
- Andre Syval Peoples v. State of Indiana (79S02-0912-CR-549) - See the ILB summary of the Aug. 28, 2009 COA opinion here. From the opinion:
Andre Peoples entered a plea of guilty to dealing cocaine as a Class B felony, then after a bench trial was found to be an habitual offender. He argues on appeal the habitual offender enhancement was improper because his prior convictions do not support such an enhancement. We affirm.
- Arturo Garcia-Torres v. State of Indiana (64S03-0912-CR-550) - See the ILB summary of the 2-1, Sept. 30, 2009 COA opinion here. From Judge Crone's dissent:
I believe that the taking of a cheek swab from a custodial suspect for purposes of extracting a DNA profile is a search requiring probable cause under the Fourth Amendment and is subject to the advice-of-counsel requirements of Pirtle. As such, I conclude that the trial court committed reversible error in admitting the DNA evidence obtained from Garcia-Torres‘s cheek swab in this case. Also, I believe that Garcia-Torres was entitled to severance of the charges against him as a matter of right. Therefore, I respectfully dissent.
Posted by Marcia Oddi on December 10, 2009 04:30 PM
Posted to Indiana Transfer Lists