evidence

Trial court erred in disregarding psychiatrists’ unanimous finding

January 28, 2014
Marilyn Odendahl
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
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Court upholds suppression of mentally ill man’s confession

January 23, 2014
Jennifer Nelson

Citing an inadequate Miranda warning and the mental illness a murder suspect has, the Indiana Court of Appeals affirmed the grant of the defendant’s motion to suppress confessions that he murdered two women. 

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IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules

December 31, 2013
Dave Stafford
An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.
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Judges affirm criminal reckless conviction

December 20, 2013
Jennifer Nelson
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Prosecutor’s ‘CSI’ remarks don’t reverse molestation conviction

November 27, 2013
Dave Stafford
A prosecutor’s comments to a prospective juror comparing the evidence needed for a conviction to that seen in a typical “CSI” television show weren’t fundamental error, a Court of Appeals panel ruled in affirming a man’s child-molestation conviction.
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Justices: Search of vehicle violated woman’s constitutional rights

November 22, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.
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COA: Possession of syringe doesn’t support conviction

November 20, 2013
Jennifer Nelson
Because the state did not introduce evidence that a man intended to use a syringe found in his pocket after being stopped by police to inject a controlled substance into his body, his conviction for Class A misdemeanor possession of paraphernalia must be reversed, the Indiana Court of Appeals concluded.
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Appeals on Wheels takes search case to Indianapolis high school

November 18, 2013
IL Staff
Questions of whether evidence should be suppressed in a marijuana possession case will be heard in an Appeals on Wheels oral argument Tuesday afternoon at Lawrence North High School.
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Drug-dog sniff after traffic stop was rightly suppressed

November 13, 2013
Dave Stafford
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
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Trial court errantly suppressed DUI evidence

November 5, 2013
Dave Stafford
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
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Man arrested for public intox at gas station has conviction reversed

October 31, 2013
Jennifer Nelson
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
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COA decides not to take video recording issue on interlocutory appeal

October 31, 2013
Jennifer Nelson
The Indiana Court of Appeals Thursday decided that it was improper for it to accept a man’s appeal of his motion seeking to exclude video recordings of video files found on his phone. The judges accordingly dismissed David Wise’s appeal.
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Justices take homeschooling-group expulsion case

October 28, 2013
IL Staff
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.
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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

October 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
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Convincing evidence, conflicting record doom search challenge

October 18, 2013
Dave Stafford
A thief who went from car to car in a hotel parking lot was being watched by a hotel employee, and the credit card and cell phone belonging to guests that police later found on the man was convincing enough that an Indiana Court of Appeals panel discarded claims that the court should have suppressed the result of a search.
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Accused molester denied chance to present complete defense

October 17, 2013
Jennifer Nelson
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
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Misplaced court order not the same as undelivered, COA rules

October 1, 2013
Marilyn Odendahl
Reviewing an appeal arising from a misplaced court order, the Indiana Court of Appeals has made clear that relief under Indiana Trial Rule 72(E) requires evidence that counsel did not receive the court’s notice.
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Protective order reversed for lack of evidence

September 19, 2013
Dave Stafford
A divorcing woman’s protective order against her soon-to-be ex-husband was not supported by evidence, an appeals panel ruled Thursday in reversing the trial court’s order.
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Receipt from mom’s cab ride does not prove son was home alone

September 18, 2013
Marilyn Odendahl
A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled. 
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Divided appellate court reinstates charges stemming from illegal stop

August 15, 2013
An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.
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Hole in tail lamp no cause for traffic stop, appeals panel rules

August 5, 2013
Dave Stafford
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
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No-phone zones might be called for in Indy courts

July 31, 2013
Dave Stafford
Judges in Marion County were rightly troubled recently by multiple instances of cellphone video taken in court winding up online, which included secretly recorded video of a criminal informant’s testimony.
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‘Am I going to need an attorney?’ is not request for attorney, rules COA

July 25, 2013
Jennifer Nelson
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
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COA affirms $1,380 restitution order for missing CDs, coins

July 11, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
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Court upholds Sturgis’ conviction for murder of son

June 27, 2013
Jennifer Nelson
St. Joseph County resident Jerry L. Sturgis Sr. lost his appeal before the Indiana Court of Appeals Thursday that challenged convictions stemming from the beatings and abuse of three of his children, leading to the death of his 10-year-old son in 2011.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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