jury instructions
Court clarifies decision on jury instructions
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial
court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended
that two cases dictated that there was no error by the court.
MoreCOA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a
lesser offense of murder, the Indiana Court of Appeals ruled.
MoreLake County murder conviction affirmed
April 4, 2013
Jennifer NelsonA Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction
regarding the presumption of innocence, the Indiana Court of Appeals held.
MoreProspective juror’s criticism of lawyer OK in verdict for hospital
March 25, 2013
Dave StaffordWhen a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money,
that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial,
the Court of Appeals ruled Monday.
MoreMan’s conviction of auto theft upheld
March 7, 2013
Jennifer NelsonAlthough a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his
felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
MoreCOA: Court properly denied instruction on innocence
March 5, 2013
Jennifer NelsonA Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted
by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
MoreTransferred intent instruction not error in domestic violence trial
February 25, 2013
Dave StaffordAn Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that
a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
MoreDefendant received ineffective trial counsel assistance in murder case
February 14, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding
his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter
and the state’s burden of proof regarding sudden heat.
More7th Circuit revises Pattern Criminal Jury Instructions
February 13, 2013
IL StaffIn light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th
Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
MoreCOA affirms murder conviction and sentence over self-defense claim
February 8, 2013
Dave StaffordAn Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the
lives of people inside his home lost his appeal Friday.
MoreRefusal to give jury instruction not harmless error
December 5, 2012
Jennifer NelsonA trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force
instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement
be overturned, the Indiana Court of Appeals held Wednesday.
MoreJustices order retrial due to deficient jury instruction
October 30, 2012
Jennifer NelsonThe Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not
correctly state the law, and it remanded for a new trial.
MoreJudges order new robbery trial
August 27, 2012
Jennifer NelsonBecause a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations
began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.
MoreUpdated instructions aim to prevent social media use during trial
August 24, 2012
IL StaffFederal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
MoreAlternate juror’s comment doesn’t entitle man to new trial
August 22, 2012
Jennifer NelsonA trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the
judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.
MoreJudge did not modify jury instructions
August 21, 2012
Jennifer NelsonA Lawrence County man was unable to prove to the Court of Appeals that the trial court abused its discretion when it denied
his motion for a mistrial. He argued the judge modified the jury instructions when he answered a question from the jury in
mid-deliberations.
MoreJudges affirm drunk-driving conviction
August 9, 2012
Jennifer NelsonA Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a
Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
MoreMan who killed girlfriend may be retried for reckless homicide
July 12, 2012
Jennifer NelsonThe post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter
in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the
same charge, but may face retrial for reckless homicide.
MoreJudges uphold college student's rape conviction
June 20, 2012
Jennifer NelsonThe man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed
by the Indiana Court of Appeals.
MoreCOA holds omission of 'voluntary' was not an error
June 5, 2012
Jenny MontgomeryThe Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
MoreTrial court erred in instructing jury in negligence case
April 11, 2012
Jennifer NelsonA divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the
majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
MoreCOA adopts Restatement (Third) of Torts Section 14
March 29, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault
in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.
MoreDivided Supreme Court orders new murder trial
March 23, 2012
Michael HoskinsThree justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given
the jury the option to consider a lesser offense of reckless homicide.
MoreJudges revise murder sentence
March 21, 2012
Jennifer NelsonThe Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual
assault, but found the circumstances around the killing warranted a lesser sentence.
MoreJustices disagree on whether jury instruction requires new trial
March 21, 2012
Jennifer NelsonThe majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death,
finding one of the jury instructions could have misled the jury about a key issue regarding liability.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Indianapolis law firm Stewart & Irwin closing
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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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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
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.