evidence

COA: Trial court properly admitted drug evidence

May 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.
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Woman’s theft, check deception convictions affirmed

May 20, 2015
Jennifer Nelson
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
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Ruling clarifies, broadens admissibility of social media content as evidence

May 20, 2015
Dave Stafford
Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.
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Admission of recording is harmless error

May 15, 2015
Marilyn Odendahl
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
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COA: Rapper’s brokered peace treaty irrelevant in murder case

May 15, 2015
Dave Stafford
A rapper convicted as an accomplice in the murder of Indianapolis disc jockey Thomas Keys failed on appeal to show his brokering of a peace treaty between rival rap groups was wrongly excluded from evidence in his trial.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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Handgun properly admitted at juvenile’s hearing

April 23, 2015
Jennifer Nelson
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
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Ball State students learn secrets behind cyber forensics

April 22, 2015
 Associated Press
If any computers or smartphones were to be confiscated during the investigation of recent identity thefts at Ball State University, BSU instructor Vinayak Tanksale's students would know what to do before examining the evidence.
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Theft conviction reversed based on lack of evidence

April 10, 2015
Jennifer Nelson
A man accused of stealing a rangefinder from a southern Indiana Rural King had his conviction reversed Friday by the Indiana Court of Appeals. The judges concluded there was insufficient evidence to support Jeremy Middleton’s conviction.
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Man’s affidavit entered after final order requires reversal of summary judgment

April 10, 2015
Jennifer Nelson
A trial court abused its discretion when it did not allow a set of parents to introduce the affidavit from their son, who allegedly suffered a brain injury from an attack, after he was able to remember the night of the incident. The affidavit was submitted shortly after a final judgment was entered in their lawsuit against the alleged attacker.
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One test enough to uphold methamphetamine conviction

April 7, 2015
Marilyn Odendahl
Despite a second test not being conducted to confirm the presumptive findings, a Cass County man’s drug conviction was upheld after the Indiana Court of Appeals found the state had established reliability of the test performed.
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Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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Driving 91 mph in 55 zone supports reckless driving verdict

March 26, 2015
Dave Stafford
A driver’s argument that his speed of 91 mph on a 55-mph country road was insufficient evidence of endangerment cut no ice with the trial court, and the Indiana Court of Appeals agreed Thursday.
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COA reverses neglect resulting in death verdict against mom

March 25, 2015
Dave Stafford
An Indianapolis mother was wrongly convicted of neglect of a dependent child resulting in death, the Court of Appeals ruled Wednesday in reversing the jury’s verdict. Judges found evidence against Chelsea Taylor was insufficient to support the conviction.
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Bragging is admissible in court, COA rules

March 25, 2015
Marilyn Odendahl
A defendant’s statement to law enforcement that he could “read” people was a boast and not a character reference, according to the Indiana Court of Appeals, so it was admissible at trial.
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Justices hear textbook case of errors in evidence

March 25, 2015
Dave Stafford
A man who stabbed his son-in-law and was convicted of battery with a deadly weapon argues trial court errors prevented him from presenting evidence that he acted in self-defense. The appellant claims the victim was the first to strike, whacking him with a 2-by-4 piece of lumber.
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Incredible dubiosity argument does not sway Indiana Supreme Court

March 24, 2015
Marilyn Odendahl
Inconsistencies from witnesses on the details of a crime did not convince the Indiana Supreme Court to overturn a jury’s verdict that found a South Bend man guilty of two murders.
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Justices reverse trespass conviction of man near break-in scene

March 24, 2015
Dave Stafford

The Indiana Supreme Court reversed the trespassing conviction of a man arrested by Indianapolis police who saw him running in a field near the scene of a reported break-in.

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Mistaken interpretation of law by officer created reasonable suspicion

March 24, 2015
Marilyn Odendahl
The Indiana Court of Appeals reversed its earlier reversal of a trial court ruling after the Supreme Court of the United States found that reasonable mistakes of law do not violate the Fourth Amendment.
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Absence of evidence douses tobacco charge

February 20, 2015
Marilyn Odendahl
An Indiana inmate’s punishment for allegedly trafficking in tobacco was snuffed out when the 7th Circuit Court of Appeals found he was convicted without evidence of guilt.
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Ex-Greensburg police chief faces theft, misconduct counts

February 17, 2015
 Associated Press
A former Greensburg police chief has been arrested after an audit of evidence records found discrepancies that a prosecutor said could affect more than a dozen cases.
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COA affirms admission of re-recorded videos in rape trial

February 13, 2015
Jennifer Nelson
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
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Texts present unique challenges in evidence preservation and admission

February 11, 2015
Dave Stafford
Of the billions of text messages sent daily in the world, a few will wind up as evidence in litigation. A few that should will not, and that could mean trouble for lawyers.
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Man’s conviction for murdering neighbor upheld

February 4, 2015
Jennifer Nelson
Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.
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COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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