evidence

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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COA affirms convictions of auto theft, resisting law enforcement

November 4, 2016
Olivia Covington
A man convicted of stealing a car and fleeing police will not have his convictions reversed after the Indiana Court of Appeals found Friday that there was enough evidence to infer he was guilty of the charges against him.
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Ex-police supervisor accused of stealing drugs pleads guilty

November 4, 2016
 Associated Press
A former Columbus Police Department narcotics division supervisor accused of taking drugs from its evidence room has pleaded guilty to charges.
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Mistrial declared in Indianapolis murder-for-hire case

October 27, 2016
 Associated Press
A mistrial has been declared in a double-homicide case of an Indianapolis man who was charged in a murder-for-hire scheme that authorities say led to the fatal shootings of four men in early 2014.
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COA reverses judgment against State Farm, finds trial court erred in excluding evidence

September 20, 2016
Olivia Covington
The Indiana Court of Appeals reversed a judgment Tuesday against State Farm Mutual Automobile Insurance Co. after finding that a trial court erred in excluding evidence that could have proven the insurance company did not play a role in an accident that led to the plaintiff suffering from severe migraine headaches.
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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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COA: third-party perpetrator evidence not relevant

September 8, 2016
Marilyn Odendahl
A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.
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Circumstantial evidence supports murder conviction

September 8, 2016
Marilyn Odendahl
Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.
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Man who parked car on I-94 must face OWI causing death charge

August 31, 2016
Jennifer Nelson
Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.
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Fitness trackers add to flood of digital evidence in courts

August 10, 2016
Marilyn Odendahl
The law surrounding the information is still evolving, particularly in the area of privacy and Fourth Amendment rights. Civil, but more likely criminal, attorneys will be handling digital evidence more and more especially as law enforcement increasingly relies on technology to track suspects and link them to crimes.
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Court affirms suppression of drug evidence found in jail strip search

July 29, 2016
Jennifer Nelson
A trial court correctly granted the motion of a man arrested in Marion County to suppress drug evidence found in his buttocks after he was stripped search as a result of a misdemeanor battery charge, the Indiana Court of Appeals affirmed.
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4 Circuit judges want new trial in polygraph denial case

July 29, 2016
Jennifer Nelson
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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7th Circuit: Probationary phone records are admissible evidence

May 31, 2016
Scott Roberts
The 7th Circuit Court of Appeals has ruled evidence of a deceased man’s phone numbers provided to his probation officer is not inadmissible hearsay and those records should be included in another man’s criminal case.
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COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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Recorded conversation, conviction are admissible evidence, COA holds

May 12, 2016
Scott Roberts
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
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COA clarifies confusion around judicial admissions

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
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COA: Jury replay of 911 call within court’s discretion

April 26, 2016
Dave Stafford
A trial court was within its discretion to allow a jury to rehear a recording of a 911 call during deliberations, the Indiana Court of Appeals ruled Tuesday in affirming a man’s convictions of intimidation and theft.
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How a spy probe wound up as a child pornography prosecution

April 5, 2016
 Associated Press
At issue in the case is how the government uses evidence derived through the Foreign Intelligence Surveillance Court and under what circumstances that information should be made available to defendants, particularly when it winds up repurposed for a routine criminal prosecution that has nothing to do with national security.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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