evidence

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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COA reaffirms legal malpractice suit may proceed

June 13, 2017
Olivia Covington
After granting rehearing to clarify the difference between the instant legal malpractice case and previous malpractice caselaw, the Indiana Court of Appeals on Tuesday reaffirmed its previous decision to deny summary judgment to a northern Indiana law firm.
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7th Circuit: Plain-view doctrine controls appeal of motion to suppress

June 13, 2017
Olivia Covington
An Indiana district court did not err in denying a convicted felon’s motion to suppress after three guns were found in his home during a search for electronic devices because the guns were found under the plain-view doctrine, the 7th Circuit Court of Appeals ruled Tuesday.
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7th Circuit: Officer had reasonable suspicion to prolong traffic stop

June 1, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a northern Indiana man’s conviction of possession more than 15 doctored gift cards, finding the police officer who stopped the man had reasonable suspicion to prolong the traffic stop that led to the discovery of the fraudulent gift cards.
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COA allows nurse practitioner to testify as expert

May 30, 2017
Olivia Covington
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
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Ex-Evansville police officer convicted of murder appeals to US Supreme Court

May 19, 2017
Marilyn Odendahl
A former Evansville police officer serving an 80-year sentence for murder and arson has asked the Supreme Court of the United States to overturn his conviction and order a new trial.
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While Comey memo could be key, any Trump prosecution tricky

May 18, 2017
 Associated Press
A memo detailing President Donald Trump's request to shut down an FBI investigation of his ousted national security adviser is a powerful piece of evidence that could be used to build an obstruction of justice case against him.
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Relying on video evidence that contradicts trial court is not ‘reweighing,’ justices rule

May 11, 2017
Olivia Covington
An appellate court’s decision to rely on video evidence to reverse a trial court’s findings does not constitute impermissible reweighing of the evidence if the video indisputably contradicts the trial court, the Indiana Supreme Court held Thursday while simultaneously affirming a man’s resisting law enforcement and battery against a law enforcement animal convictions.
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Supreme Court: ‘remoteness’ of prior conviction doesn’t affect admissibility

May 11, 2017
Olivia Covington
Determining that the “remoteness” of a prior offense does not affect the admissibility of evidence at trial, the Indiana Supreme Court has affirmed the award of roughly $2 million in compensatory and punitive damages to a man injured by a drunk driver.
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Justices create framework for determining admissibility of immigration status

May 4, 2017
Olivia Covington
After reversing a trial court’s decision to admit a plaintiff’s unauthorized immigrant status as evidence in his case for decreased earning capacity damages, the Indiana Supreme Court laid out a new framework Thursday for determining when immigration status can be admissible.
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Indiana to conduct audit of untested sexual assault kits

April 21, 2017
 Associated Press
Indiana State Police plan to conduct an audit of untested sexual assault kits that may have lingered in evidence collection rooms across the state for years.
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Appellate court affirms teenager’s delinquency adjudication

April 13, 2017
Olivia Covington
The Marion Superior Court properly adjudicated an Indianapolis teenager as a delinquent on theft and trespassing charges, the Indiana Court of Appeals decided Thursday, holding the court’s true findings were supported by sufficient evidence.
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Supreme Court strikes down contentious med-mal ruling

April 10, 2017
Olivia Covington
After six years of controversy over the limits, or lack thereof, on what evidence and arguments may be presented to a trial court during a medical malpractice proceeding, the Indiana Supreme Court has denounced a highly disputed medical malpractice case while simultaneously adopting a recent Court of Appeals opinion.
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Lawyer stands behind his own rollover crash tests courts ruled inadmissible

April 5, 2017
Dave Stafford
New Albany attorney Dave Scott wanted to prove a point when he strapped himself behind the wheel of a 1999 Ford Explorer that was pushed down an embankment, violently rolling over multiple times. Just to be safe, he later buckled into another Explorer that again was sent careening roof over wheels, rolling three times.
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Man faces withheld evidence again in lawsuit against Indiana

March 29, 2017
 Associated Press
A man whose 1995 conviction was vacated after serving nearly 16 years in prison is facing evidence issues in a lawsuit he filed against the state of Indiana that were similar to those in his 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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Insurers deny claims based on questionable cell tower data

March 29, 2017
 Associated Press
It took Jaclyn Bentley nearly three years to prove she didn't burn her house down for the insurance money, allegations she and her lawyer say were born of the junk practice of analyzing cellphone tower data.
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Supreme Court: Man allowed to view video of controlled drug buy with informant

March 17, 2017
Olivia Covington
A Vigo County man facing drug charges will now be able to review a video of a controlled drug buy between himself and an informant after the Indiana Supreme Court decided Friday that the disclosure of the video would be relevant and helpful to his case.
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COA upholds child molesting convictions

March 13, 2017
Olivia Covington
The Indiana Court of Appeals upheld a Marion County man’s various convictions for child molesting Monday, finding that the testimony of a pediatrician who examined the victim did not constitute vouching testimony.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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7th Circuit upholds drug convictions for lack of standing

February 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a man’s drug convictions after holding Friday that he did not have a reasonable right to privacy in a vehicle containing methamphetamine that he paid a car hauler to ship across the country.
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Victim’s posthumously admitted testimony supports murder conviction

January 31, 2017
Dave Stafford
A woman’s deposition identifying to police the man who shot her in the face was properly admitted in the suspect’s murder trial after the victim died, the Indiana Court of Appeals ruled Tuesday.
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COA affirms drug convictions

January 27, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed the convictions of a man convicted on a litany of drug-related charges after finding that the evidence was sufficient to support his convictions and that there were no constitutional violations or court errors that harmed his case.
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COA overturns judgment in favor of credit card debt collector

January 20, 2017
Olivia Covington
The Indiana Court of Appeals has reversed judgment in favor of a credit card debt collector after determining that the collector failed to establish that it owned the account it was trying to collect on.
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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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