Wednesday, August 13, 2014
Ind. Decisions - Supreme Court decides one today
In Douglas A. Guilmette v. State of Indiana, a 7-page, 5-0 opinion, Justice Massa writes:
This appeal presents us with a single question: must police have a warrant before subjecting lawfully seized evidence to laboratory testing if that evidence is unrelated to the crime for which the defendant is in custody? We think not, and thus we affirm the trial court. * * *
We hold that evidence properly seized by police may be examined and subjected to scientific testing without further warrant, and we therefore conclude the trial court did not err by admitting the DNA found on Guilmette’s shoe into evidence against him. As to the other issues Guilmette raises on appeal, we believe the panel below correctly decided them, and we therefore summarily affirm the portions of the opinion holding (1) the trial court did not abuse its discretion by giving the State’s tendered jury instruction on accomplice liability and (2) the evidence was sufficient to support Guilmette’s murder conviction. Guilmette, 986 N.E.2d at 342; Ind. Appellate Rule 58(A)(2).
Posted by Marcia Oddi on August 13, 2014 01:11 PM
Posted to Ind. Sup.Ct. Decisions