Rape victim’s work as prostitute does not excuse assault, COA rules
A felon’s attempt to get his rape conviction overturned because his victim was a prostitute drew a sharp rebuke from the Indiana Court of Appeals.
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Admitting evidence of ‘signature’ crime was harmless error
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
Prosecutor prefers county investigate rapes at Notre Dame
Students at the University of Notre Dame who have been told for years to report sexual assault cases to campus police have the option of reporting such cases directly to the St. Joseph County Special Victims Unit, a prosecutor said.
Split 7th Circuit allows death penalty challenge asserting intellectual disability
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
Revised sentence modification statute not applicable in defendant’s case
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
COA affirms admission of re-recorded videos in rape trial
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
COA reverses confinement conviction, cautions prosecution on future statements
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
Judge rules man on death row not competent to be executed
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
2 charged with kidnapping woman want trials moved
Attorneys for the two people charged with holding a southwestern Indiana woman captive for two months say they plan on asking for their trials to be moved to another county.
Indianapolis man gets 28 years for coercing sex
A judge sentenced an Indianapolis man to 28 years in prison Monday for tricking teenage girls as young as 13 into sending him explicit photos via Facebook and using the photos to coerce the girls into having sex with him.
Woman’s suit against hospital for disparaging comments revived by COA
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
Judges order new rape trial based on inadmissible evidence
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
Appeals court affirms post-conviction relief not justified for rapist
A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.
Order requiring man to participate in sex offender program not unconstitutional
The Indiana Court of Appeals has found that the order requiring a man to participate in the Sex Offender Management and Monitoring program does not violate Indiana’s prohibition of ex post facto laws.
Man knowingly waived right to jury trial on all charges
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
Divided court upholds principal’s conviction of failure to report child abuse
A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.
Judges reduce rapist’s sentence to 165 years
The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.
Man tried twice for same offense, but relief denial affirmed
A divided Indiana Supreme Court ruled Wednesday that a man convicted of rape on retrial was unconstitutionally prosecuted twice for the same offense, but the court upheld denial of post-conviction relief.
Man’s challenge to requirement he register as sex offender dismissed
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
Judges affirm defendant must register as sex offender as part of probation
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.