High court upholds life sentence
The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.
Criminal Case
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COA: Consent prevented constitutional violations
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
Justices: Search didn’t violate 4th Amendment
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
7th Circuit addresses digital media searches
Despite being troubled by some aspects of a police officer’s search of computers of a man charged with voyeurism – during which the officer discovered child pornography – the 7th Circuit Court of Appeals found the search didn’t exceed the scope of the original warrant.
Decision resolves conflicting appellate rulings
An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
7th Circuit affirms cross burner’s convictions
The 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man’s convictions stemming from his burning of a cross in front of the home of a family with biracial children.
7th Circuit: counsel assistance wasn’t ineffective
A defendant didn’t receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim’s mother during the trial, the 7th Circuit Court of Appeals ruled.
Judges find search of car for gun not justified
A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.
Court orders mandate for full parole hearing
The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.
Miscarriage an ‘act’ in intimidation charge
The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.
Officer didn’t conduct investigatory stop
A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
COA reverses dismissal of drug charges
A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
Court affirms delay in jury trial for congestion
The Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing, his trial should take priority over another man's trial scheduled for the same day.
Court rules on consecutive enhancements issue
Consecutive habitual offender enhancements are improper, whether the enhancements arise from separate trials on unrelated charges or separate trials on related charges, the Indiana Supreme Court ruled yesterday in two opinions.
Plea puts stop to federal death penalty trial
The first-ever federal death penalty trial for the Southern District of Indiana was set to start today, but a plea agreement means a trial likely won't be happening at all for a man connected to a violent killing spree four years ago.
Animal cruelty an exigent circumstance
Ruling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting convictions.
Adkins applies to drug possession defense
While the Indiana Court of Appeals unanimously agreed a defendant charged with possessing drugs within 1,000 feet of a school only has the burden of placing the issue of statutory defense in question where the state's evidence hasn't done so, the court split in affirming the defendant's possession conviction.
Circuit Court vacates drug sentence
The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.
COA: Just running red light not reckless
Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.
District Court erred in drug sentence
The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.