evidence
Social media sleuths find evidence, but admissibility requires authentication
May 8, 2013
Dave StaffordWhat happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to
investigate pertinent posts, a judge suggested during a presentation about social media evidence.
MoreClothing labels and security tags not considered hearsay evidence
May 2, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security
tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
MoreJustices order new molestation trial after nurse’s statements admitted improperly
May 2, 2013
Jennifer NelsonRuling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the
hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and
ordered a new trial.
MoreTax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
MoreCOA: 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: Glove not enough to convict man of burglary
April 25, 2013
Jennifer NelsonWorried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create
a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph
County.
MoreCOA: Driving to avoid potholes isn’t enough to stop car
April 24, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did
not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road
conditions.
MoreAdmission of violation is too little to revoke probation
April 23, 2013
Marilyn OdendahlA Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary
hearing, the Indiana Court of Appeals has ruled.
MoreCourt of Appeals rethinks previous opinion on traffic stops
April 23, 2013
Marilyn OdendahlCiting several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line
or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
MoreTrial court should have booted the bloody shoe, but conviction stands
April 22, 2013
Marilyn OdendahlThe Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence,
but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.
MoreSelf-defense claim of man who killed 2 fails on appeal
April 19, 2013
Dave StaffordAn Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana
Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
MoreAppeals court overturns suppression of evidence gathered in search
April 19, 2013
Dave StaffordA special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that
led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
More7th Circuit declines to overturn ruling on excessive force
April 18, 2013
Jennifer NelsonA man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that
it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
MoreMother, wife could consent to search of home for meth
April 18, 2013
Jennifer NelsonA man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s
disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.
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.
MorePair convicted in liquor store killing not entitled to DNA evidence
April 8, 2013
Dave StaffordTwo men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction
relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled
Monday.
More7th Circuit affirms defense verdict in motorcycle crash
April 4, 2013
Dave StaffordA woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence
was improperly admitted, including her statements that the crash was her fault.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MoreMan’s statement on drug allowed at trial
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s
statement to police that he had marijuana in his car.
MoreJustices: Evidence of dismissed crimes allowable for post-conviction relief
March 12, 2013
Dave StaffordA Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony
counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the
Indiana Supreme Court ruled Tuesday.
MoreJustices: Use preponderance of evidence standard to find probation violation
March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class
D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used
the wrong legal standard to find the violation.
MoreMan to get new trial because of counsel’s performance
March 4, 2013
Jennifer NelsonBecause the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,”
the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
MoreSenate defeats DNA collection bill
February 27, 2013
IL StaffLegislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass
the Senate Tuesday.
MoreCOA instructs trial court to vacate 2 convictions of child molestation
February 26, 2013
Marilyn OdendahlThe Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it
did not intend to charge the defendant with four separate acts of child molestation.
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.
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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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Indianapolis law firm Stewart & Irwin closing
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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 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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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.