Membres v. State

I agree that the trial court correctly denied Membres’ motion to suppress. On this point I concur .with the majority opinion. But the majority charts new territory to this Court’s longstanding jurisprudence on the question of retroactivity. I would adhere to established precedent and as a result apply Litchfield v. State, 824 N.E.2d 356 (Ind.2005), retroactively. On this issue I respectfully dissent.

Discussion

I

In determining whether a new rule of state criminal procedure applies retroactively, the majority relies on Enlow v. State, 261 Ind. 348, 303 N.E.2d 658 (1973). In that case this Court…