Legal Opinion

McClain v. State

Indiana Supreme Court

Decided October 3, 1980No. 679S148PublishedCited by 41 opinions

1Opinion of the Court

DeBRULER, Justice.

Appellant, Joseph Howard McClain, was found guilty in a trial by jury of rape, Ind.Code § 35-13-4-3, and sodomy, Ind. Code § 35-1-89-1. He received a sentence of life imprisonment for the offense of rape. In this appeal the following issues are presented:(1) The sufficiency of an affidavit for issuance of warrant authorizing a swab emission sample to be taken from the penis of appellant.(2) Whether appellant was entitled to the presence of counsel at the time the swab emission sample was taken.(3) Whether testimony of the mother as to what was said to her by her victim…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Schmerber v. CaliforniaSupreme Court of the United States · 1966

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

3Cited by41 opinions

  1. Ormond v. StateMississippi Supreme Court · 1992
  2. Short v. StateIndiana Supreme Court · 1982
  3. State v. HardawayMontana Supreme Court · 2001
  4. Grimes v. StateIndiana Supreme Court · 1983
  5. Hare v. StateIndiana Supreme Court · 1984

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

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