Trial court errantly suppressed DUI evidence
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
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Split COA reverses its original decision on rehearing
Saying “plea agreements should be more artfully drafted,” a split Indiana Court of Appeals affirmed an award of restitution against a Daviess County man whose plea agreement was silent on the matter of restitution.
Justices deny Bisard’s blood evidence appeal
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
Judge moves venue for trial of IMPD officer
Marion Superior Judge Grant Hawkins has ordered the trial for Indianapolis Metropolitan Police Officer David Bisard moved from the Indianapolis media market because of publicity surrounding the fatal accident involving the officer in 2010.
Appeals court reverses vacation of habitual traffic violator status
A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.
COA rules trial court erred in suppressing blood evidence in Bisard case
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
Court affirms guilty but mentally ill sentence in DUI, resisting case
A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.
Justices clarify previous decision on Criminal Rule 4(B)
The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.
Judges order trial in drunk driving case
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
Insurer failed to prove driver violated policy clause
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
Judges uphold drunk-driving conviction
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
COA: Judge didn’t err in rejecting master commissioner’s sentence
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
Justices rule on citizen tip in drunk driving case
The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.
COA finds Army discipline does not exempt defendant from prosecution
The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.
Court divided over consent to 5-person jury
A panel of Indiana Court of Appeals judges split on the issue of whether a defendant agreed to allow a five-member jury to decide her case after one juror fell ill, with the dissenting judge believing the defendant – not her counsel – must consent to the five-person jury.
UPDATE: Hamilton Superior judge surprised by case resolution
In all his years on the bench, Hamilton Superior Judge William J. Hughes said he hasn’t experienced what he did this week as a defendant in a North Carolina court.
Hamilton County judge pleads guilty to reckless driving
Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.
Judge argues state must prove actual endangerment
The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.
Judges affirm retroactive application of amendments to blood draw statute
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
High court takes 4 cases
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.