Battery

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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Anderson woman gets 38 years in beating death of girl, 12

October 5, 2016
 Associated Press
A judge has sentenced a central Indiana woman to the maximum 38 years in prison after she pleaded guilty to battery and neglect in the death of a 12-year-old girl for whom she was guardian.
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Underwood man found guilty in death of son, 4

October 4, 2016
 Associated Press
Jurors in Jeffersonville have convicted an Underwood man of battery and neglect in the death of his 4-year-old son.
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Woman’s criminal recklessness, battery convictions against husband affirmed

September 20, 2016
Olivia Covington
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
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COA affirms felony battery conviction; no evidentiary dispute of substantial pain

September 9, 2016
Olivia Covington
The Indiana Court of Appeals upheld a felony battery conviction on Friday despite the defendant’s claim that he should have only been charged with a misdemeanor.
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Indiana woman uses religious objections law in abuse defense

September 1, 2016
 Associated Press
The attorney for a woman charged with child abuse for allegedly beating her son with a coat hanger says Indiana's religious objections law gives her the right to discipline her children according to her evangelical Christian beliefs.
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Judge delays trial on HIV charges over delayed discovery

August 11, 2016
 Associated Press
A man in western Indiana accused of intentionally spreading HIV for more than a decade was ordered released Thursday, and a judge also delayed his trial until February because some documents and witnesses were not shared with the defense sooner.
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Man pleads guilty in church school's paddling incidents

August 9, 2016
 Associated Press
A former southern Indiana church employee has pleaded guilty to three misdemeanors after being accused of paddling children at the church's boarding school.
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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