Legal Opinion · Dissent

Joanna S. Robinson v. State of Indiana

Indiana Supreme Court

Decided March 25, 2014No. 20S04-1307-CR-471Published

1DissentRucker, J.

In a compelling and persuasive opinion the Court of Appeals determined that evidence seized after a traffic stop should not have been admitted into evidence. The majority takes issue with this determination. But in my view the Court of Appeals got it exactly right.

The majority declares that the trial court “weighted] Deputy Claeys’s testimony [that Robinson drove off the roadway] more heavily than the video evidence.” Op. at 367. Indeed, it would have been entirely within the trial court’s province to do so; and had it done so that would be the end of the matter. But the record reflects that…

2Cases cited4 opinions

  1. United States v. Carlos Botero-OspinaCourt of Appeals for the Tenth Circuit · 1995
  2. United States v. Michael LyonsCourt of Appeals for the Tenth Circuit · 1993
  3. Benham v. State of IndianaIndiana Supreme Court · 1994
  4. Joanna S. Robinson v. State of IndianaIndiana Court of Appeals · 2013

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