OWI

COA divided on dismissal of OWI charges

December 9, 2010
Jennifer Nelson
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
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Judges uphold OWI conviction

November 19, 2010
Jennifer Nelson
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
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Felony can't be modified to misdemeanor 9 years later

August 6, 2010
Rebecca Berfanger
In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty to operating a vehicle while intoxicated.
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Justices adopt appellate court findings

June 25, 2010
Michael Hoskins
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.
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Checkpoint doesn't violate separation of powers

June 21, 2010
Jennifer Nelson
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the Indiana Court of Appeals ruled today.
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Justices reprimand 2 former deputy prosecutors

May 26, 2010
Michael Hoskins
Two former Marion County deputy prosecutors have received public reprimands from the state’s highest court for drunken driving incidents.
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Court reverses handgun conviction

April 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
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COA: State didn't bring man to trial within 1 year

March 22, 2010
Jennifer NelsonMore

COA: Man didn't personally waive right to jury

November 6, 2009
Jennifer Nelson
Because 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.
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No error in sanctions against state

October 28, 2009
Jennifer Nelson
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
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Supreme Court grants transfer to OWI case

October 26, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.
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Deputy prosecutor fired after arrest

May 8, 2009
Jennifer Nelson
A deputy Madison County Prosecutor has been fired following her arrest for allegedly driving drunk. Deputy Prosecutor Janine L. Sutton was arrested for operating while intoxicated, a Class A misdemeanor.
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COA: Man's sentence could be increased

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
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COA upholds attorney's felony conviction

April 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.
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Allen Circuit judge faces misconduct charges

January 26, 2009
Michael Hoskins
The Indiana Commission on Judicial Qualifications filed misconduct charges today against Allen Circuit Judge Thomas Felts, who pleaded guilty last year to drunk driving.
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Prior conviction counts in sentencing decision

November 14, 2008
Michael Hoskins
A prior drunk-driving conviction - reached pursuant to a state statute now repealed and recodified in a newer law - can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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