Legal Opinion

Membres v. State

Indiana Supreme Court

Decided June 27, 2008No. 49S02-0701-CR-33PublishedCited by 40 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0511-CR-1065

BOEHM, Justice.

We hold that Litchfield v. State, 824 N.E.2d 356 (Ind.2005), does not apply retroactively because it established a new rule of state criminal procedure that does not affect the reliability of the fact-finding process. We also hold that the warrant in this case was supported by probable cause and was not overbroad.

Facts and Procedural History

In March of 2005, Deputy Scott Wil-dauer of the Marion County Sheriffs Department was involved in an ongoing investigation into possible drug trafficking at the…

2Cases cited32 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Teague v. LaneSupreme Court of the United States · 1989

27 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Meredith v. StateIndiana Supreme Court · 2009
  2. Bentz v. City of KendallvilleCourt of Appeals for the Seventh Circuit · 2009
  3. Ward v. StateIndiana Supreme Court · 2009
  4. Thomas Pinner v. State of IndianaIndiana Supreme Court · 2017
  5. David Wright v. State of IndianaIndiana Supreme Court · 2018

35 more not listed; retrieve them via the Exa API.

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