Saturday, April 24, 2004
failure to brief state clause leads to loss:
marcia oddi points to this case, in which a police dog found a gun in a student's car at school. student had a winning case under the state constitution, but only briefed the federal issue, and lost. dissenting judge correctly holds out for a warrant.
--------------------------------------------------------------------------------
Footnote: Myers also asserts that the search was unreasonable under Article I, Section 11 of the Indiana Constitution. Myers recites a standard of review for state constitutional claims but relies solely on Fourth Amendment jurisprudence to support his assertion. The State contends, and we agree, that Myers has waived this claim because he has failed to offer an analysis supporting an independent standard under the state constitution. See Abel v. State, 773 N.E.2d 276, 278 n.1 (Ind. 2002).
marcia oddi points to this case, in which a police dog found a gun in a student's car at school. student had a winning case under the state constitution, but only briefed the federal issue, and lost. dissenting judge correctly holds out for a warrant.
--------------------------------------------------------------------------------
Footnote: Myers also asserts that the search was unreasonable under Article I, Section 11 of the Indiana Constitution. Myers recites a standard of review for state constitutional claims but relies solely on Fourth Amendment jurisprudence to support his assertion. The State contends, and we agree, that Myers has waived this claim because he has failed to offer an analysis supporting an independent standard under the state constitution. See Abel v. State, 773 N.E.2d 276, 278 n.1 (Ind. 2002).
Comments:
Post a Comment
