COA upholds admission of blood draw, lay testimony in OWI case
A driver who injured a motorcyclist during a pursuit has failed to convince the Court of Appeals of Indiana to throw out his OWI conviction on evidentiary grounds.
evidence
Articles
Lower court needs to address constitutional issues, hold hearing in sex crimes case, 7th Circuit rules
A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.
State made reasonable effort to contact witness for second murder trial, COA affirms
The Court of Appeals of Indiana affirmed a man’s murder and robbery convictions after finding the admission of previous witness testimony was harmless.
7th Circuit affirms enough information available to issue warrant in Indianapolis handgun case
Indianapolis police had probable cause for a search warrant in a July 2020 case that resulted in a man’s federal felon-in-possession of a handgun charge, the 7th Circuit Court of Appeals ruled Wednesday.
Evidentiary arguments fail to overturn child molesting conviction at COA
A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.
Evidence supports neglect conviction after infant suffers ‘non-accidental trauma’
An Indiana man who was in charge of his girlfriend’s infant grandson when the child was injured will not get relief from his felony conviction from the Court of Appeals of Indiana.
COA: Trial court properly dismissed motion to suppress blood draw in drunken driving case
A drunken driver who killed another person in a two-car vehicle wreck has failed to convince the Court of Appeals of Indiana her blood test results should be suppressed from her trial.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history
While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.
Ex-trustee who worked remotely from camper during COVID wins reversal of 21 theft convictions
The former Wabash Township trustee who was convicted of 21 counts of felony theft after she bought a camper and worked remotely across the country has had her convictions overturned by the Court of Appeals of Indiana.
Justices reinstate murder conviction in Gary shooting based on ‘whole picture of the evidence’
The Indiana Supreme Court has reinstated a man’s murder and attempted murder convictions related to a 2020 fatal shooting in Gary, rejecting the defendant’s evidentiary challenges and finding that the “whole picture” supports the convictions.
Duty to preserve now part of concussion legal battle: Lawsuit against NCAA brings allegations of missing materials from association’s library
A concussion lawsuit against the National Collegiate Athletic Association, which has included tangles over deposing high-ranking officials and allegations surrounding missing library materials, has been scheduled for a January trial in Marion Superior Court.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
7th Circuit vacates 10-year sentence after district court wrongly dismisses evidence of drug purity
A split 7th Circuit Court of Appeals has vacated a 10-year prison sentence for a drug dealer after finding a district court failed to address “some evidence” suggesting inaccurate drug testing.
COA allows suppression of drugs found in purse based on constitutional violations
A woman who was criminally charged after drugs were found in her purse as part of a search of someone else’s home has convinced the Court of Appeals of Indiana that the drug evidence should be suppressed.
‘Serial’ case: Prosecutors move to vacate Syed’s conviction
Baltimore prosecutors asked a judge on Wednesday to vacate Adnan Syed’s conviction for the 1999 murder of Hae Min Lee — a case that was chronicled in the hit podcast “Serial.”
COA: Wife’s testimony provided ‘rational basis’ under Indiana Evidence Rule 701
A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.
COA reverses teen’s intimidation adjudication for insufficient evidence
A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.
Evidence found in Michigan that tied defendant to Indiana case properly admitted in Hoosier trial, COA rules
A man whose backpack was searched in Michigan and revealed evidence linking him to another crime in Indiana did not convince the Court of Appeals of Indiana that the evidence should have been suppressed in his Indiana trial.
COA: Evidentiary issue not yet ripe for appeal
An Indiana man who wanted the jury to know about a trial court’s order tossing a CHINS petition has been told by the Court of Appeals of Indiana to come back after his case has been tried.