Dam dispute rightly decided, Court of Appeals rules
An Owen County property owner who sued a neighbor over the enlargement of a dam that he said shed water onto his property received no relief at the Indiana Court of Appeals on Monday.
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7th Circuit denies convicted murderer habeas relief
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
Justices affirm convictions after toddler found wandering by police
The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.
Reasonable suspicion needed to search home detention participant’s residence
The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.
COA rules against former Junior Achievement boss in defamation suit
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
Court rules gynecologist can’t testify on mental competency
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
Admitting rifle into evidence not abuse of discretion, COA rules
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
Seizure of man’s clothing from hospital not unconstitutional
A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.
Camm defense attorneys to discuss forensic evidence
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
COA addresses evidence needed for animal fighting conviction
For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.
DNA in glove at scene sufficient to uphold burglary conviction
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.
COA: No fundamental error in admitting testimony
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
COA: Search of passenger not unconstitutional
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
Divided high court affirms DNA unnecessary to establish paternity
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
Three-way opinion affirms marijuana conviction
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.
Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
Court won’t seal evidence in Spierer civil suit
Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.
COA: Admittance of juvenile’s statement harmless error
The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.
Judges affirm sniff search in hotel did not violate guest’s constitutional rights
A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.
Miranda warning given during police interview makes confession admissible
A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.