evidence
COA answers first impression issue on custodial statements
February 21, 2013
Jennifer NelsonA defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in
custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t
available at trial as required by Indiana Evidence Rule 617.
MoreLife sentence upheld by Court of Appeals
February 20, 2013
Jennifer NelsonA Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest
of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition
for post-conviction relief based on ineffective assistance of counsel.
MoreBrother’s previous threat allowed at trial
February 18, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw
hot water on the brother was properly admitted into evidence during trial.
MoreIn affirming DUI on appeal, judges include predictive warning
February 11, 2013
Dave StaffordAn argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test
machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote
that such a ruling could cost criminal defendants.
MoreJudges uphold convictions stemming from bank robbery
February 7, 2013
Jennifer NelsonTerry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related
to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.
MoreCOA orders trial on drug charges
February 5, 2013
Jennifer NelsonOn interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s
motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
MoreRule of lenity doesn’t apply on man’s escape conviction
January 24, 2013
Jennifer NelsonThe rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home
detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions
of Class D felonies escape and attempted residential entry.
MoreJudges reverse denial of motion to suppress after car stopped for window tint
January 22, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable
suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint
didn’t justify the stop.
MoreCourt properly admitted gun into evidence
January 18, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious
violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted
into evidence.
MoreJustices decide to allow big exhibit at arguments
January 2, 2013
Dave StaffordThe Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck
bucket to arguments scheduled Thursday.
MoreCOA reverses conviction after BMV stumbles over address
January 2, 2013
Marilyn OdendahlA driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals
found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
MoreTraffic stop based on companion’s statement did not violate constitutional protections
January 2, 2013
Marilyn OdendahlPolice had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals
has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
MoreMan’s child molesting conviction upheld
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that
Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
MoreCourt reverses felony convictions stemming from domestic incident
December 11, 2012
Jennifer NelsonThe state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery,
the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
MoreJustices deny Bisard’s blood evidence appeal
December 11, 2012
IL StaffThe Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken
driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
MoreCOA: Admitted evidence of 20-year-old crimes requires reversal
December 7, 2012
Dave StaffordA civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated
Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima
facie error.
MoreJudges affirm 911 recording properly admitted as evidence
December 5, 2012
Jennifer NelsonRuling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that
were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller
did not.
MoreStatute of limitations did not run out on charging man with attempted bank robbery
November 21, 2012
Jennifer NelsonA northern Indiana man’s conviction for attempted bank robbery stands after the 7th Circuit Court of Appeals found the
five-year statute of limitations to bring the charge began tolling under an exception involving DNA testing.
MoreCOA finds trial court’s error in sentencing was harmless
November 20, 2012
Marilyn OdendahlA trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court
of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
MoreJustices reverse COA, hold state’s appeal timely
November 6, 2012
Dave StaffordThe Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression
of evidence in a drunken-driving case.
MoreJudges amend man’s convictions due to double jeopardy violations
October 29, 2012
Jennifer NelsonBecause the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges,
the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by
the prosecutor during trial.
MoreBisard asks Supreme Court to rule on blood-draw admissibility
October 19, 2012
IL StaffAttorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine
whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving
his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
MoreCOA affirms 5 child molesting convictions
October 11, 2012
Jennifer NelsonThe admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County
was not a fundamental error, the Indiana Court of Appeals held Thursday.
MoreCOA split over whether DCS has authority to interview sibling
October 10, 2012
Jennifer NelsonAn Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.
MoreDefendant’s argument should be made to rules committee
October 3, 2012
Jennifer NelsonIn affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana
Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence
Rules Review Committee.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!