evidence

Judge says Spierer search warrants must remain sealed

February 3, 2016
 Associated Press
A judge says information regarding search warrants connected to the 2011 disappearance of an Indiana University student need to remain sealed so the investigation won't be compromised.
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Attorney urges jurors in house blast trial to keep open mind

January 22, 2016
 Associated Press
An attorney for a man accused of murder and arson in a house explosion that killed two people urged jurors to keep an open mind despite emotional testimony they will hear during the trial expected to last more than a month.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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Justices find victim’s statements regarding altercation fall under hearsay exception

January 15, 2016
Jennifer Nelson
The admission of testimony regarding a murder victim’s recount of his previous altercation with the man convicted in his murder were properly allowed as hearsay statements under Indiana Evidence Rule 804(b)(3), the Indiana Supreme Court ruled Thursday.
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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015
Dave Stafford
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
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DNA evidence properly excluded in rape trial

December 4, 2015
Jennifer Nelson
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
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COA: Jury properly rejected defendant’s insanity defense

November 5, 2015
Jennifer Nelson
Because there was evidence that a defendant’s mental state at the time he stabbed his estranged wife was due to voluntary intoxication, the jury properly rejected his insanity defense, the Indiana Court of Appeals held Thursday.
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Judge: Private Facebook messages fair game at arson trial

October 27, 2015
 Associated Press
A judge has declined to prevent private Facebook messages from being considered as evidence at the trial of two people charged in an Evansville marina fire.
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Detective’s testimony on drug buy inadmissible, but harmless error

October 27, 2015
Jennifer Nelson
The Indiana Supreme Court ruled the admission of a detective’s statement regarding a controlled drug buy should not have been admitted because it resolved the issue of the defendant’s guilt, but that admission into evidence was a harmless error.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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New prosecutor renders defendant’s request moot

September 30, 2015
Jennifer Nelson
A defendant’s request to disqualify the entire LaPorte County Prosecutor’s Office from his voluntary manslaughter case because several in the office viewed his conversation with his attorney recorded during a police interrogation is moot because there is a new prosecutor in office, the Indiana Court of Appeals has ruled.
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Court: Man participated in meth manufacturing

September 30, 2015
Jennifer Nelson
A man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
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Shoddy documents draws COA ire

September 11, 2015
Marilyn Odendahl
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
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Admitting evidence of ‘signature’ crime was harmless error

August 31, 2015
Dave Stafford
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
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DNA proposal highlights worries over privacy

August 26, 2015
Marilyn Odendahl
Indiana Sen. Tim Lanane and his colleagues in the Indiana Statehouse are once again wrestling with when to collect genetic material from individuals in the criminal justice system.
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Indiana team that raided Fogle's home used mobile laboratory

August 24, 2015
 Associated Press
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
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Court of Appeals affirms man’s domestic battery conviction

August 18, 2015
Dave Stafford
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
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TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

August 18, 2015
Dave Stafford
A man who was wrongly arrested and charged with murder by Indianapolis police whose investigation was being documented for the reality TV series “The Shift” lost his appeal in a civil rights lawsuit against police.
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Technology erases need for ‘ancient document’ rule

August 14, 2015
Marilyn Odendahl
A longstanding yet rarely invoked federal rule of evidence allowed the admission of an “ancient document” if it was more than 20 years old and appeared to be authentic. However, in an age when decades-old information is easily accessible electronically, a review committee has concluded the exception could be abused.
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7th Circuit divided over appeal from death row inmate

August 13, 2015
Marilyn Odendahl
A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.
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Interim committees schedule hearings on hot-button issues

August 6, 2015
Marilyn Odendahl
Indiana legislators are preparing to examine a proposal that would permit the collection of DNA samples from anyone arrested for a felony in the state.
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Judge’s description not impermissible judicial testimony

August 4, 2015
Marilyn Odendahl
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
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Victim’s statements were dying declaration, COA rules

July 31, 2015
Marilyn Odendahl
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
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Justices affirm molestation conviction despite vouching testimony

July 30, 2015
Dave Stafford
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
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Trial court erred in ruling defendant waived counsel

July 30, 2015
Dave Stafford

A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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