Belvedere v. State

SULLIVAN, J.,

dissents, for the reasons set forth in his dissenting opinion today in Membres v. State, No. 49S02-0701-CR-33, 889 N.E.2d 265, 2008 WL 2554001 (Ind. June 27, 2008) (SULLIVAN, J., dissenting).

RUCKER, Justice dissenting.

I respectfully dissent. For reasons expressed in my separate opinion in Membres v. State, No. 49S02-0701-CR-33, 889 N.E.2d 265, 278, 2008 WL 2554001 (Ind. June 27, 2008) (Rucker, J., dissenting), I would apply Litchfield retroactively to this case. In so doing I agree with the Court of Appeals that the search of Belvedere’s trash was unconstitutional and no…