Articles

DNA in glove at scene sufficient to uphold burglary conviction

The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.

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SCOTUS ruling emboldens lawmakers to expand DNA collection

This time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme Court of the United States decision upholding the practice.

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Man who fled after hearing not entitled to discharge

The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.

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Appeals court upholds rape conviction

A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.

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DNA swab of juvenile is not fundamental error

The Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that the trial court erred in admitting this test into evidence, but that the error was harmless.

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Justices reformulate jury instruction

The Indiana Supreme Court upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of counsel. In doing so, the justices addressed the use and language of a jury instruction and rewrote it to make it clearer.

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Supreme Court rules on cheek swab case

In a 4-1 decision handed down June 30, the Indiana Supreme Court found a man's consent to the swab of his cheek for DNA was voluntary, so the swab didn't violate the Fourth Amendment.

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Law school briefs – 4/13/11

Learn more about a lecture by a freed death row inmate, Valparaiso University School of Law’s newly reconstructed Heritage Hall, and more.

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DNA expert to discuss wrongful convictions

A forensic geneticist who has worked on the exonerations of seven people will visit Indiana University April 15 to give a public lecture on how DNA is used to free people who have been wrongfully convicted and how informatics is being misused to pervert justice.

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Judges: DNA admittance was harmless error

The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.

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