Criminal case
COA reverses 4 attempted robbery convictions
January 27, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support
a reasonable inference that the defendant intended to rob each of the alleged victims.
MoreJustices abandon 'mere possession' rule
January 22, 2010
Jennifer NelsonThe Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions
of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property
should be considered with other evidence in the case.
More7th Circuit addresses digital media searches
January 21, 2010
Jennifer NelsonDespite being troubled by some aspects of a police officer's search of computers of a man charged with voyeurism - during
which the officer discovered child pornography - the 7th Circuit Court of Appeals found the search didn't exceed the scope
of the original warrant.
MoreMajority: No double jeopardy in enhancement
January 20, 2010
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based
on his use of a deadly weapon violated the application of double-jeopardy principals.
MoreJustices decide statute, court rule issue
January 15, 2010
Michael HoskinsEven if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme
Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
MoreJustices overturn man's registration requirement
January 7, 2010
Jennifer NelsonA Grant Superior judge erred in sentencing a man to register as a sex offender because that requirement wasn't in place
at the time he committed his crime, the Indiana Supreme Court ruled.
MoreSupreme Court rules on police traffic stops
December 21, 2009
Michael HoskinsThe Indiana Supreme Court has held that police don't have to verify whether the description of someone driving a vehicle
matches the physical description of the registered owner obtained from a license plate check.
MoreTrial judge's comments spur COA reversal
December 15, 2009
Jennifer NelsonBecause of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport,
the Indiana Court of Appeals reversed the conviction for insufficient evidence.
MoreJudges uphold molestation convictions
December 14, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's convictions of child molesting because it agreed the victim's recantation
of the allegations weren't worthy of credit.
MoreIndiana Supreme Court upholds death penalty
December 10, 2009
Jennifer NelsonThe Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In
doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
MoreSupreme Court reverses rape conviction
December 9, 2009
Jennifer NelsonThe Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted
rape of another woman shouldn't have been admitted at trial.
MoreProsecutor misconduct leads to reversal
November 23, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's conviction of intimidation because several acts of misconduct constituted
fundamental error. The appellate court also ruled the man could be retried on the charge.
MoreJudges disagree as how to review sentence
November 18, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't
inappropriate, but the judges didn't agree as to how to reach that conclusion.
MoreCOA splits, reverses probation revocation
November 17, 2009
Jennifer NelsonThe Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The
judges didn't agree that the probation revocation hearing comported with due process.
More7th Circuit rules en banc on mezuzah case
November 13, 2009
Michael HoskinsThe full 7th Circuit Court of Appeals has ruled that condominium owners prevented from hanging religious objects on their
home can in some cases sue their association under the Fair Housing Act for alleged religious and racial discrimination, after
they've bought the residence and moved in.
MoreGood-faith exception not applicable
November 13, 2009
Jennifer NelsonAn Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception
doesn't apply in this case, the Indiana Court of Appeals concluded today.
MoreHigh court takes post-conviction case
November 13, 2009
IL StaffThe Indiana Supreme Court granted transfer Thursday to a post-conviction case in which the defendant, who spoke only Spanish,
claimed he didn't enter his plea knowingly or intelligently.
MoreOfficer didn't conduct investigatory stop
November 10, 2009
Jennifer NelsonA trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure
of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
MoreCourt clarifies responses under T.R. 56(I)
November 10, 2009
Jennifer NelsonThe Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time
pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
MoreOfficer safety justified opening ajar car door
November 9, 2009
Jennifer NelsonThe opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's
federal or state constitutional rights, the Indiana Court of Appeals concluded today.
MoreTrial court didn't err in denying mistrial
November 9, 2009
Jennifer NelsonA trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms
expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
MoreCOA: Man didn't personally waive right to jury
November 6, 2009
Jennifer NelsonBecause the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving
case, the Indiana Court of Appeals reversed his elevated conviction.
MorePrior conviction doesn't fall under exception
November 5, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient
because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment
for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
More7th Circuit: conviction can't enhance sentence
November 4, 2009
Jennifer NelsonA defendant's conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the
car he was riding in, the 7th Circuit Court of Appeals concluded today.
MoreState didn't prove man used car to keep drug
November 4, 2009
Jennifer NelsonThe Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the
defendant used his car to keep marijuana.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.