battery

Man knowingly waived right to jury trial on all charges

April 10, 2014
Jennifer Nelson
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.
More

Justices order COA to consider man’s appeal

March 13, 2014
Jennifer Nelson
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
More

Elected official loses appeal in voter registration removal

March 12, 2014
Jennifer Nelson
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.
More

Justices: Man with Alzheimer’s must be committed per statute

February 19, 2014
Jennifer Nelson
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
More

COA dismisses battery appeal as untimely

February 18, 2014
Jennifer Nelson
The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.
More

Justices affirm rejection of tendered jury instruction

November 13, 2013
Dave Stafford
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
More

Judge: better to assess defendant under mental health law, not criminal one

October 23, 2013
Jennifer Nelson
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
More

Conviction, 30-year sentence affirmed in armed robbery

August 15, 2013
Dave Stafford
A man who, with other masked gunmen, robbed an Indianapolis Asian market lost his appeal Thursday.
More

Justices disapprove of consideration of community outrage when reviewing sentence

June 28, 2013
Jennifer Nelson
The Indiana Supreme Court upheld a man’s 53-year sentence for battery and neglect of dependent convictions, but disagreed with the Court of Appeals’ reasoning for affirming the sentence.
More

COA orders new trial for man who represented himself

June 27, 2013
Jennifer Nelson
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
More

3 of former corrections officer’s convictions upheld by appeals court

June 10, 2013
Jennifer Nelson
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
More

Appeals court affirms terminating mother’s parental rights

May 24, 2013
Jennifer Nelson
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
More

COA: No error in denying reckless homicide instruction

April 30, 2013
Jennifer Nelson
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
More

COA affirms father’s convictions stemming from daughter’s injuries

April 10, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
More

Disfigurement sufficient to affirm aggravated battery conviction

April 9, 2013
Dave Stafford
The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.
More

Evidence shows stabbing by inmate wasn’t in self defense

March 15, 2013
Jennifer Nelson
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
More

COA affirms angry ex-boyfriend’s battery convictions

March 14, 2013
Jennifer Nelson
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
More

Rehearing sidesteps state’s claims in battery case

February 28, 2013
Jennifer Nelson
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
More

Transferred intent instruction not error in domestic violence trial

February 25, 2013
Dave Stafford
An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
More

Officer’s inclusion of victim’s statements did not violate Confrontation Clause

February 22, 2013
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
More

Court split over denial to commit man with dementia

February 7, 2013
Jennifer Nelson
Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.
More

Judges reinstate battery charges against drunken casino patron

January 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
More

Court reverses felony convictions stemming from domestic incident

December 11, 2012
Jennifer Nelson
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
More

COA overturns conviction, ruling statements about age not relevant for treatment

December 7, 2012
Marilyn Odendahl
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
More

Judges affirm 911 recording properly admitted as evidence

December 5, 2012
Jennifer Nelson
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
More
Page  1 2 3 >> pager
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT