Divided COA: Court erred in dismissing charges after 1 year
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.
Misdemeanor
Articles
Justices let ruling stand that reserves right to request misdemeanor juries to defendants
An Indiana Court of Appeals ruling that reserved the right to demand a jury trial in misdemeanor cases to defendants has been upheld after the Indiana Supreme Court declined to hear the state’s challenge to that ruling.
Hamilton County man charged in killing of 3-legged deer
A Hamilton County man is facing charges for allegedly shooting a three-legged doe that other hunters had agreed to spare.
Divided COA reverses delinquency finding after school discipline
A divided Indiana Court of Appeals panel has reversed a delinquency finding against a high school student who vandalized school bathrooms, with each judge writing separately to share their views on how the increased presence of police officers in schools can impact the nature of school disciplinary proceedings.
Theft conviction reversed for man who failed to pay restaurant bill
The Indiana Court of Appeals has reversed a man’s misdemeanor theft conviction after finding the state failed to prove the man went to a restaurant and consumed food and drink with the intention of not paying. However, the court upheld the man's related disorderly conduct conviction.
Public defenders decry growing caseloads
As the number of children in need of services cases continues to rise, public defenders across Indiana are stretching themselves to be able to offer competent representation while also serving as many clients as possible. Defenders are likewise feeling a strain on their misdemeanor caseloads.
Charges: Suspended lawyer exposed self to girls basketball teams
A suspended Indianapolis lawyer is facing six charges related to allegations that he exposed himself to two high school girls basketball teams on separate occasions as they rode on school buses traveling in the city.
Lawmakers hear proposals for increased indigent defense funding
Public defenders from across the state came to the Indiana Statehouse Thursday to share their concerns about what they see as crisis in the state’s judiciary – the increasing difficulty their offices face to comply with caseload suggestions as more and more filings hit their desks.
COA to hear arguments in Fort Wayne next week
The Indiana Court of Appeals is taking oral arguments on the road next week to hear a case in Allen County.
COA: No request for jury waived that right at misdemeanor trial
The Indiana Court of Appeals has affirmed a man’s conviction of operating a vehicle while intoxicated after finding that his failure to request a jury trial for his misdemeanor charge constituted a waiver of his right to a jury.
Supreme Court rules man cannot convert felony theft conviction
A Lake County man will retain his felony theft conviction after the Indiana Supreme Court ruled Tuesday that an amendment to Indiana Code does not invalidate the man’s agreement to not seek misdemeanor treatment.
COA reverses handgun conviction after state failed to meet burden of proof
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
Justices consider conversion of felony to misdemeanor after plea agreement
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
Judges: Parents, courts need guidance on discipline
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
COA affirms denial of timber buyer’s petition for post-conviction relief
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
Woman’s criminal recklessness, battery convictions against husband affirmed
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
Spitting satisfies ‘fighting’ element of disorderly conduct statute
The Indiana Supreme Court Monday found that the term “fighting” in the disorderly conduct statute is ambiguous and only covers physical altercations, but still upheld a man’s conviction based on his spitting on his wife during an argument.
Woman’s outburst politically ambiguous; disorderly conduct conviction stands
The Indiana Court of Appeals upheld a Michigan City woman’s disorderly conduct conviction after finding the focus of her speech was politically ambiguous and the state acted rationally in impairing her speech while trying to serve an arrest warrant.
COA: Live-in girlfriend asked to leave didn’t trespass
A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.
Justices reinstate conviction divided COA reversed
The Indiana Supreme Court on Thursday affirmed a man’s misdemeanor failure to identify conviction that had been reversed by a divided panel of the Court of Appeals.