Douglas A. Guilmette v. State of Indiana - 2/3/14

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Monday  February 3, 2014 
9:45 AM  EST

9:45 a.m. No. 71S04-1310-CR-705. When Guilmette was arrested for theft, police saw what they believed to be blood on his shoes, and without obtaining a search warrant, they sent the shoes for DNA testing. Guilmette was later charged with murder, and the test results were admitted at trial. Guilmette was found guilty of theft and murder. The Court of Appeals held that testing the shoe, taken incident to the theft arrest but used as evidence of the murder, was an unconstitutional search, but that given the other evidence in the case, the erroneous admission of the DNA evidence was harmless error. Guilmette v. State, 986 N.E.2d 335 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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