battery
COA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe 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.
MoreCOA affirms father’s convictions stemming from daughter’s injuries
April 10, 2013
Jennifer NelsonThe 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.
MoreDisfigurement sufficient to affirm aggravated battery conviction
April 9, 2013
Dave StaffordThe 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.
MoreEvidence shows stabbing by inmate wasn’t in self defense
March 15, 2013
Jennifer NelsonA 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.
MoreCOA affirms angry ex-boyfriend’s battery convictions
March 14, 2013
Jennifer NelsonA 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.
MoreRehearing sidesteps state’s claims in battery case
February 28, 2013
Jennifer NelsonOn 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.
MoreTransferred intent instruction not error in domestic violence trial
February 25, 2013
Dave StaffordAn 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.
MoreOfficer’s inclusion of victim’s statements did not violate Confrontation Clause
February 22, 2013
Marilyn OdendahlThe 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.
MoreCourt split over denial to commit man with dementia
February 7, 2013
Jennifer NelsonAlthough 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.
MoreJudges reinstate battery charges against drunken casino patron
January 4, 2013
Jennifer NelsonThe 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.
MoreCourt reverses felony convictions stemming from domestic incident
December 11, 2012
Jennifer NelsonThe 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.
MoreCOA overturns conviction, ruling statements about age not relevant for treatment
December 7, 2012
Marilyn OdendahlA 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.
MoreJudges affirm 911 recording properly admitted as evidence
December 5, 2012
Jennifer NelsonRuling 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.
MoreWife’s pain from shove, poked forehead ‘bodily injury,’ justices rule
November 6, 2012
Dave StaffordThe Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement
for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim
physical pain meets the test.
MoreJudges amend man’s convictions due to double jeopardy violations
October 29, 2012
Jennifer NelsonBecause the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges,
the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by
the prosecutor during trial.
MoreMonroe County man’s suit against ex-wife and city still alive in trial court
September 20, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious
prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all
claims against the parties, which includes Monroe County.
MoreInmate loses appeal of visitation restrictions by DOC
September 19, 2012
Jennifer NelsonAn inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing
battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.
MoreMan did not validly waive right to jury trial
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication,
finding he did not waive his right to a jury trial.
MoreCOA upholds domestic battery conviction
August 7, 2012
Jennifer NelsonA trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity
to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
MoreJudges rule state lacks authority to appeal dismissed case
July 30, 2012
Dave StaffordThe Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s
motion to dismiss.
MoreIndiana justices take 2 cases
April 30, 2012
Jennifer NelsonThe Indiana Supreme Court has agreed to hear the case filed by a fired professor at the University of Evansville against the
school.
MoreMan not prejudiced when prosecutor read illiterate witness' statement before jury
April 30, 2012
Jennifer NelsonAlthough it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior
statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.
MoreJudges reduce sentence
March 29, 2012
Jennifer NelsonThe Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck
a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s
character.
MoreAppellate court overturns sexual battery conviction
February 29, 2012
Jennifer NelsonThe Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s
actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor
battery.
MoreCOA finds double jeopardy in DeLaney attacker's case
February 27, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated
Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.