The Indiana Supreme Court added three criminal cases to its docket last week.
Justices unanimously agreed to hear the following appeals:
• Robert L. Dixon v. State of Indiana, 84S01-1410-CR-683. A divided panel of the Indiana Court of Appeals ruled that the trial court abused its discretion when it denied a defendant’s motion to suppress cocaine discovered in a search by Terre Haute police who stopped Dixon’s vehicle for failing to signal a turn. Vigo Superior Judge Michael Lewis denied Dixon’s motion to suppress, and dissenting Judge Cale Bradford agreed, noting police had been tipped that Dixon was dealing drugs and that Dixon’s furtive and nervous demeanor supported a pat-down search. Judges Patricia Riley and Margret Robb, however, found the search was a violation of Dixon’s Fourth Amendment rights in light of the Terry doctrine.
• Craig Sampson v. State of Indiana, 87S01-1410-CR-684. The Court of Appeals in a memorandum decision affirmed Sampson’s conviction of Class C felony child molesting. Sampson’s appeal argues the trial court abused its discretion when it allowed evidence related to Child Sexual Abuse Accommodation Syndrome and admitted victim impact evidence. Sampson also argues that testimony that the victim showed no sign of coaching constitutes improper vouching.
• Wayne A. Campbell v. State of Indiana, 13S05-1410-PC-682. Justices granted transfer simultaneous to ruling last week that Campbell was not improperly denied post-conviction relief and that Pattern Jury Instruction 9.05 is a correct statement of law.
The court denied transfer in 16 cases. Supreme Court transfer dispositions may be viewed here.