Man charged in pit bull attack on 2 Indiana women
An Indiana man is facing misdemeanor charges after his pit bulls mauled and seriously injured two young women.
Misdemeanor
Articles
Woman’s comments to police considered political speech, COA rules
The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
COA orders corrected notification sent to BMV, suggests form update
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
Indiana Supreme Court to review police search struck down by COA
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
No abuse in giving jury instruction, but COA still reverses 1 conviction
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
COA affirms admission of gun and photographs into evidence
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
Majority finds man entrapped to patronize prostitute
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
COA reissues expungement opinion
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
Woman’s conviction for threatening apartment manager upheld
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
Judges find court should have granted expungement
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
Elected official loses appeal in voter registration removal
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
Raccoon hunter cleared of conviction for fetching wayward dog
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
Admission of return of service did not violate Confrontation Clause
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
Judges affirm criminal reckless conviction
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
Man convicted before felony classes implemented can’t convert conviction to misdemeanor
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
Attorney who staged own shooting pleads to misdemeanor
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.
Shuai case resolved, thorny legal issues remain
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
Expungement forum set for Saturday in Gary
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.