Legal Opinion

Roberson v. State

Indiana Court of Appeals

Decided April 26, 2002No. 48A02-0108-CR-504PublishedCited by 8 opinions

1Opinion of the Court

OPINION

FRIEDLANDER, Judge.

Harry Roberson brings an interlocutory appeal of the trial court's denial of his motion to dismiss the charge of Possessing Material Capable of Causing Bodily Injury by Inmate, a class C felony.1 He presents the following restated issue for review: Did the State's failure to preserve the alleged dangerous device violate his due process rights?

We reverse.

On October 27, 2000, a shakedown was conducted at the Madison County Jail as a routine security measure. Upon searching Roberson's one-person cell, a questionable item was found under his bed mat by Eric Holtzleiter,…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. California v. TrombettaSupreme Court of the United States · 1984
  2. Arizona v. YoungbloodSupreme Court of the United States · 1989
  3. Holder v. StateIndiana Supreme Court · 1991
  4. United States v. BelcherDistrict Court, W.D. Virginia · 1991
  5. Albrecht v. StateIndiana Supreme Court · 2000

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3Cited by8 opinions

  1. Bradley Ryan v. State of IndianaIndiana Court of Appeals · 2013
  2. Christopher Baxter v. State of IndianaIndiana Court of Appeals · 2013
  3. Givhan v. KemperDistrict Court, E.D. Wisconsin · 2020
  4. Gregory S. Powers v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  5. Kristin A. Houssain v. State of IndianaIndiana Court of Appeals · 2014

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