COA: Despite driver’s admission to smoking meth, state failed to prove OWI
A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.
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Articles
COA rejects evidentiary challenges, upholds murder conviction
With the dying words of his victim and cellphone records against him, an Indiana murderer failed to get his conviction overturned by the Court of Appeals of Indiana on Thursday.
Medical billing software provider negligent in failing to preserve contracted product in spoliation suit, COA affirms
A complaint brought by a now-defunct medical billing business against a company it hired to craft a software program was properly dismissed as a sanction for spoliation of evidence, the Court of Appeals of Indiana has ruled.
COA: Evidence sufficient to sustain sexual battery conviction
A man who groped a woman in a dormitory restroom was unable to get his felony conviction overturned after the Court of Appeals of Indiana found the evidence was sufficient to show he physically restrained the woman while touching her without her consent.
Split appellate panel reverses murder conviction in Gary shooting for insufficient evidence
In a “seldom” reversal of a murder conviction based on insufficient evidence, the Court of Appeals of Indiana split in a Wednesday decision, with the majority concluding the evidence used to support a defendant’s guilt came “nowhere close to proof beyond a reasonable doubt.”
Reversal: Same name not sufficient evidence for serious violent felon conviction
A Decatur County man facing an aggregate sentence of 30 years had his Level 4 felony conviction overturned after the Court of Appeals of Indiana ruled that a defendant having the same name as a person convicted in a previous drug case was not enough to sustain a conviction as a serious violent felon.
COA upholds admission of subsequent bad acts in domestic violence case
A trial court didn’t abuse its discretion when it admitted evidence of subsequent bad acts committed by a Fort Wayne man who continued to abuse his girlfriend after his arrest, the Court of Appeals of Indiana has ruled.
IN Supreme Court: Defendant denied fair proceeding, ordered new trial in child molestation case
A man convicted of child molestation has secured a new trial after the Indiana Supreme Court concluded he was wrongly denied a continuance to review new evidence submitted one day before trial.
COA reverses man’s resisting conviction due to lack of evidence
The Court of Appeals of Indiana has partially reversed for a Greencastle man after it concluded testimony from a sheriff’s deputy wasn’t enough evidence for a resisting law enforcement conviction.
Reversal: THC candy packages wrongly admitted under hearsay exception rule
A woman has been cleared of a drug-related charge after the Court of Appeals of Indiana concluded two packages of THC candies seized from a search warrant of her bedroom were wrongly admitted under the market reports exception to hearsay.
DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not: An update
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Appellate court finds copy of video evidence properly entered as evidence in burglary case
A copy of a video originally taken by a home security device was properly entered as evidence in convicting an Indiana man of burglary, according to the Court of Appeals of Indiana.
COA: No error in failure to preserve syringe for jury trial examination
A man was not denied due process when a syringe found in his car was not preserved for examination during a jury trial against him, the Court of Appeals of Indiana has ruled.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA rejects challenge to text message report
A man convicted of dealing in meth after a report of his text messages describing a drug deal was used against him has lost his argument on appeal that the report should not have been admitted as evidence.
COA to consider admission of PTSD evidence in case of wife charged with murder
A Wadesville woman charged with murdering her husband is taking her claim of self-defense to the Court of Appeals of Indiana, arguing the Posey Circuit Court erred when it excluded testimony from a doctor who diagnosed her as having PTSD due to battery.
COA reverses possession conviction, finds Drugs.com not admissible as drug identification
A man convicted on multiple drug charges has secured a partial reversal after the Court of Appeals of Indiana determined that evidence obtained from a drug information website was inadmissible at his trial.
Inmate wins habeas relief from disciplinary sanction
A prisoner has been granted habeas relief from a disciplinary decision against him after the Northern Indiana District Court found he was denied the right to present evidence in his case.
Jan. 6 trials slowed by mounting evidence in US Capitol riot
In the nearly nine months since Jan. 6, federal agents have tracked down and arrested more than 600 people across the United States believed to have joined in the riot at the U.S. Capitol. Getting those cases swiftly to trial is turning out to be an even more difficult task.
COA: Lack of ‘breaking’ evidence in liquor store burglary leads to reversal
Evidence was sufficient to identify a Huntington man as the perpetrator of a liquor store robbery, but there wasn’t enough proof to sustain his conviction for breaking and entering in the same crime, the Indiana Court of Appeals ruled in a Monday reversal.