Teen facing felony after shot fleeing police in Elkhart County
A fleeing driver who was shot and wounded by a railroad police officer is a 13-year-old boy who will face at least one felony charge, a prosecutor said Tuesday.
Resisting Law Enforcement
Articles
Justices consider case involving rejected doctrine of res gestae
In a case that defense counsel warns could allow the concept of res gestae to be reintroduced into the Indiana judiciary, the justices of the Indiana Supreme Court considered whether a gun that was not brandished during a northern Indiana altercation was relevant evidence that led to the appellants’ convictions.
Judges reverse resisting law enforcement conviction
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
COA tosses conviction after unlawful arrest
Testimony of police officers who stopped a man for walking on the wrong side of the road, then arrested him for intimidation and resisting law enforcement should not have been admitted at trial, the Indiana Court of Appeals has ruled.
COA affirms convictions of man involved in fatal police chase
The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.
Justices seek to define ‘indisputably’ in K-9 case
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
COA affirms convictions of auto theft, resisting law enforcement
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
COA reverses resisting law enforcement convictions based on video evidence
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
Wal-Mart shoplifter’s resisting conviction affirmed
A man who fled from police and later was arrested after he and another man had been spotted allegedly shoplifting from a Lafayette Wal-Mart store was properly convicted of Class A misdemeanor resisting law enforcement, the Indiana Court of Appeals ruled Friday.
COA majority finds double jeopardy violations on rehearing
The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.
Appellate court defines rules of police stops
The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.
Arrest, search of woman who walked from police unconstitutional
Indianapolis police who arrested and searched a woman after she walked away from them violated her Fourth Amendment rights, the Indiana Court of Appeals ruled Tuesday.
Court split on whether defendant’s actions were proximate cause of injury
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
Man’s federal claims against Noblesville police fail
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
Guilty plea stands despite ineligibility for habitual charge
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
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.
Man’s appellate arguments challenging misdemeanor convictions waived
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
Judges reverse 2 convictions based on double jeopardy violations
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
Felony enhancement reversed because woman did not directly cause officer’s injury
The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.