Judge rejects request to block records in woman’s death
A southwestern Indiana judge has rejected a man’s request to block the release of records on authorities’ investigation into his daughter’s 2014 disappearance and death.
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Attempted murder convictions upheld in best friend stabbing
Convictions for a man who attempted to murder his best friend have been upheld after the Indiana Court of Appeals found no abuse of discretion in admitting statements under the excited utterance exception, or when it allowed the state to ask the victim leading questions due to his injuries.
DNA testing developing, strengthening wrongful conviction cases
The science of DNA testing is evolving, and that’s a good thing for wrongful conviction reform advocates like Fran Watson. She talked about the changes Friday before a session of the Indiana State Bar Association Solo/Small Firm Conference in French Lick.
7th Circuit: Evidence found during unlawful drug raid still admissible
Convictions were affirmed for a man whose home was illegally searched by the Drug Enforcement Administration, which uncovered 10 pounds of methamphetamine inside. The 7th Circuit Court of Appeals found that although the DEA should have obtained a search warrant first, the evidence was still admissible.
Divided Supreme Court upholds suppression of child molesting statements
An accused child molester who was not convicted due to a mistrial has won his argument that incriminating statements he made during a police interrogation were rightfully suppressed during trial because he was not read his Miranda warnings.
Justices let stand suppression in drug case, grant transfer in 2 others
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
Conviction upheld in robbery after iPhone exchange
The Indiana Court of Appeals affirmed an Elkhart student’s robbery conviction after concluding there was sufficient evidence to support that she stole money in the presence of the cash’s owner.
Lawyer: Judges’ shooting case rife with ‘speculation and conjecture’
Nearly a month after two judges were shot on the streets of Indianapolis, after which the alleged shooter and his accomplice walked free, an attorney representing one of the arrested men in his probation violation case said the unusual nature of the prosecution and lack of information released about the case has left it “open to speculation and conjecture.”
Appeals court trims sentence for Muncie man in bomb case
The Indiana Court of Appeals has overturned one of several convictions and trimmed the sentence for a central Indiana man who tried to kill his former girlfriend with a homemade bomb. The rulings in the case of 40-year-old Lionel Ray Mackey Jr. of Muncie will apparently reduce his prison term from 101 years to 94½ years.
Car search after meth dealer’s arrest divides COA panel
A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”
COA: Prenup enforceable despite missing list of wife’s excluded property
The Hendricks Superior Court erred in throwing out a couple’s prenuptial agreement in their divorce case despite conflicting testimony over how much the wife owned before her husband filed to dissolve the marriage. The Indiana Court of Appeals on Monday remanded the case to enforce the prenup.
Justices: No error in admitted post-arrest, pre-Miranda silence
Indiana Supreme Court justices have affirmed a trial court’s admission of a man’s post-arrest silence before he was read his Miranda rights, finding he opened the door of evidence and that no fundamental error existed.
Carmel synagogue vandal who espoused Nazism gets 3 years for hate crime
A 21-year-old man has been sentenced to three years in prison for spray-painting anti-Semitic graffiti and lighting fires outside a Carmel synagogue. Witnesses said the man had openly advocated Nazism among friends and co-workers and had planned a larger attack.
Tax Court limits boat maker’s witness, expands discovery
The Indiana Tax Court has partially denied the Indiana State Department of Revenue’s motion to exclude a tax service provider’s report in the Department’s litigation against a southern Indiana boat maker.
Republican senator takes partisan fire over Trump Jr. subpoena
Republicans lashed out Thursday at fellow GOP Sen. Richard Burr for his committee’s subpoena of President Donald Trump’s son, a move that suggested the Russia investigation is not “case closed,” as some in the party insist. Trump said he was “very surprised” at the move.
COA tosses shooter’s intimidation conviction as double jeopardy
A man’s attempted murder conviction for shooting at a sheriff’s lieutenant while drunk was upheld by the Indiana Court of Appeals, which also vacated his felony intimidation conviction as double jeopardy.
Driving while suspended conviction reversed; gun evidence upheld
Evidence of a gun found inside a truck during a traffic stop was not suppressed despite a man’s appeal, but his conviction for driving while suspended was vacated by an appellate court after both parties agreed there was insufficient evidence to support it.
Lawyer discipline hearing in Park Tudor case could be closed
The attorney facing professional ethics charges over his handling of sexual misconduct accusations against a now-imprisoned former Park Tudor basketball coach will be permitted to provide some evidence under seal, and at least portions of his attorney discipline hearing may be closed to the public.
Domestic battery, confinement convictions upheld against abusive boyfriend
A man who severely beat his girlfriend and held her hostage for several hours has lost his appeal of his domestic battery and criminal confinement convictions.
7th Circuit reversal: Damages claims brought by exonerated man may proceed
An exonerated man whose murder conviction was vacated nearly a decade ago can continue seeking damages against the investigators in his case, the 7th Circuit Court of Appeals has ruled, reversing a lower court’s decision that the claims couldn’t stand.