COA orders new trial for man who represented himself
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
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3 of former corrections officer’s convictions upheld by appeals court
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
Appeals court affirms terminating mother’s parental rights
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
COA: No error in denying reckless homicide instruction
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
COA affirms father’s convictions stemming from daughter’s injuries
The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
Disfigurement sufficient to affirm aggravated battery conviction
The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.
Evidence shows stabbing by inmate wasn’t in self defense
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
COA affirms angry ex-boyfriend’s battery convictions
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
Rehearing sidesteps state’s claims in battery case
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
Transferred intent instruction not error in domestic violence trial
An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
Officer’s inclusion of victim’s statements did not violate Confrontation Clause
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
Court split over denial to commit man with dementia
Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.
Judges reinstate battery charges against drunken casino patron
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
Court reverses felony convictions stemming from domestic incident
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
COA overturns conviction, ruling statements about age not relevant for treatment
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
Judges affirm 911 recording properly admitted as evidence
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
Judges amend man’s convictions due to double jeopardy violations
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
Monroe County man’s suit against ex-wife and city still alive in trial court
The Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all claims against the parties, which includes Monroe County.
Inmate loses appeal of visitation restrictions by DOC
An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.