Battery

Appeals court affirms battery, neglect convictions despite errors

July 7, 2017
Olivia Covington
The Indiana Court of Appeals has upheld a man’s battery and neglect convictions after finding that any error in the admission of certain testimony and evidence was harmless due because the properly admitted evidence was sufficient to prove the man’s guilt.
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Double sentencing enhancements don’t violate precedent

June 26, 2017
Marilyn Odendahl
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
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Prosecutor: No charges against 2 officers in man’s shooting

June 26, 2017
 Associated Press
Two central Indiana police officers won’t face charges for shooting a man who they said tried to run them down with his car after an attempted traffic stop.
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Appellate court says paved asphalt can be a ‘deadly weapon’

June 23, 2017
Olivia Covington
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
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Supreme Court: Rules of Evidence allowed admission of gun

June 22, 2017
Olivia Covington
In a decision reaffirming the notion that the doctrine of res gestae is defunct and is not grounds for admission of evidence, the Indiana Supreme Court affirmed the admission of a gun and resulting convictions in a joint Lake County resisting law enforcement and battery trial for two defendants.
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Man convicted for punching officer at Elizabeth Smart event

June 21, 2017
 Associated Press
An Indiana jury has convicted an 80-year-old man of felony battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at a January book signing.
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Indiana man charged in crash that killed girl, 6

June 2, 2017
 Associated Press
A central Indiana man accused of causing a highway crash near Muncie that killed his girlfriend's 6-year-old daughter has been formally charged in the deadly crash.
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COA rejects self-defense claim against battery charge

May 5, 2017
 Associated Press
A man who punched a racer at a southern Indiana racing track cannot claim self-defense to rebut his battery charge because the facts show that the man was the initial aggressor against the racer, the Indiana Court of Appeals held Friday.
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Justices consider case involving rejected doctrine of res gestae

April 27, 2017
Olivia Covington
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.
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Man who spat in woman’s face loses appeal

April 6, 2017
Olivia Covington
The Indiana Court of Appeals has confirmed a battery conviction against a man who spat in a woman’s face after finding that minor discrepancies in the charging information and evidence at trial did not undermine the case.
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COA: Allowing removal of prosthetic eye not an abuse of discretion

March 29, 2017
Olivia Covington
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
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Suspended judge gets probation for shoving police chief

March 15, 2017
 Associated Press, IL Staff
A suspended eastern Indiana city court judge has been placed on probation for shoving a police chief who also is his nephew.
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Court of Appeals reverses convictions after due process violation

February 15, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a man’s convictions of neglect of a dependent and battery after finding that his due process rights were violated when the state withdrew its plea agreement after he had pleaded guilty.
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Gun evidence admissibility divides Court of Appeals

December 29, 2016
Jennifer Nelson
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
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COA upholds battery conviction for altercation outside bar

December 20, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s battery conviction Tuesday after finding that he failed to prove any abuse of the Delaware Circuit Court’s discretion.
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COA: Felon’s right to bear arms was not reinstated

December 9, 2016
Olivia Covington
A trial court judge’s statement that he was not going to prevent a convicted felon from possessing a firearm at his post-conviction hearing is not the equivalent of the reinstatement of the man’s right to bear arms, the Indiana Court of Appeals found Friday.
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2nd trial underway for woman charged with toddler's death

November 30, 2016
 Associated Press
A second trial is underway in northern Indiana for a day care provider charged with the death of a toddler in her care.
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Judges: Parents, courts need guidance on discipline

November 30, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
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Jury acquits 2 Indianapolis officers of beating veteran

November 18, 2016
 Associated Press
A jury has acquitted two Indianapolis police officers of battery after they allegedly assaulted a veteran, leaving him unconscious outside a bar.
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COA denies correction of sentencing order in dismissal

November 2, 2016
Jennifer Nelson
Because the plain language of Indiana Trial Rule 41(B) states that a dismissal operates as an adjudication upon the merits, the Indiana Court of Appeals found there is no need to remand a man’s case to correct his sentencing order as he claimed.
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COA: Police lawfully entered home; battery conviction upheld

October 31, 2016
Olivia Covington
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana  Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
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Indiana congressional candidate sues over arrest

October 27, 2016
 Associated Press
An Indiana congressional candidate has sued a police officer who accused him of assault during a traffic stop last month.
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Man who broke officer's jaw gets 30-year sentence

October 24, 2016
 Associated Press
A southern Indiana man convicted of punching a jail officer so hard it broke his jaw in three places has been sentenced to 30 years in prison.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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4 charged following death of fellow Henry County inmate

October 13, 2016
 Associated Press
Four men are facing charges following the March death of a fellow inmate who was beaten in a jail in east-central Indiana.
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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  3. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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