Resisting convictions overturned for evidentiary errors
A man convicted of two counts of resisting law enforcement has won a reversal after the Indiana Court of Appeals found that certain evidence admitted at trial constituted reversible error.
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State dismisses murder case against Elkhart man with mental disability following release last year
A criminal case has been dismissed against an Elkhart man with a mental disability who was convicted of a 2002 murder but who won his release from prison last year.
Despite erroneous admission of mediation evidence, high court affirms stock award for ex-wife
Despite the erroneous admission of confidential evidence prepared in anticipation of a divorce mediation, the Indiana Supreme Court has upheld the award of half of a man’s stock to his now-ex-wife due to his breach of the divorce agreement. The high court ruled in the case that documents produced in anticipation of mediation are covered under settlement negotiation confidentiality requirements.
COA upholds admission of drunken driving evidence after motorist stopped for crossing center line
A request to suppress evidence in a Tippecanoe County man’s drunken driving case did not succeed at the Indiana Court of Appeals, which upheld the denial of the suppression motion and found that the stop of the man’s vehicle was lawful.
COA reverses narcotic conviction for insufficient evidence
The Indiana Court of Appeals has vacated a man’s felony conviction for possessing a narcotic, agreeing with both the defendant and the state that the substance found in the man’s possession was not actually a narcotic.
Reversal: Court must hold hearing on neighbor’s protective order request
A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.
COA rejects challenge to text message evidence, upholds meth dealing conviction
A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.
2 charged in dismemberment of Fort Wayne man appear in court
Two men charged in the death and dismemberment of a 55-year-old man requested public defenders during their initial court appearances Tuesday.
7th Circuit: Convicted heroin conspiracy leaders lose suppressed evidence argument
Two men at the top of a heroin drug conspiracy were unable to sway the 7th Circuit Court of Appeals in a Friday decision to reconsider granting their motion to suppress evidence.
COA upholds felony domestic battery conviction for man who made wife ‘see stars’
A man convicted of felony domestic battery against his wife failed to convince the Indiana Court of Appeals that his wife did not suffer “moderate bodily injury” raising his crime to a felony level.
COA reverses CHINS finding based on ‘exaggerated’ evidence
A CHINS finding against a Hendricks County girl was reversed Thursday after the Indiana Court of Appeals found determined the underlying evidence had been “exaggerated.”
Justices toss suppression of drug evidence in home-detention search
A defendant sentenced to home detention waived his rights protecting him against searches and seizures even without reasonable suspicion, the Indiana Supreme Court ruled Friday, overturning the suppression of evidence found during a home-detention search.
Justices hear arguments in ‘fraud’ case stemming from missed diagnosis
The distinction between active and constructive fraud has long been established in Indiana law. But should that distinction be abolished, or an exception carved out? That question is before the Indiana Supreme Court in a closely watched medical malpractice lawsuit.
Whistleblower blasts Biden pick for key DOJ job over deal in sex case
President Joe Biden’s pick to lead the U.S. Justice Department’s criminal division is facing new scrutiny over a plea deal he brokered with a Louisiana district attorney who was accused of coercing sexual favors from as many as two dozen women.
Marion Co. Prosecutor’s Office accepting petitions for wrongful conviction reviews
The Marion County Prosecutor’s Office is officially accepting conviction review petitions as part of its new Conviction Integrity Unit.
7th Circuit upholds denial of disability benefits despite ‘several medical problems’
An administrative law judge did not err in finding that a woman was not entitled to disability benefits despite having “several medical problems,” the 7th Circuit Court of Appeals held Wednesday.
Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
DTCI: COA allows medical bills in PI suit seeking only damages
In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.
Justices grant transfer to 2 cases, including first impression search warrant question
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
COA allows second deposition of alleged child molesting victim
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.