jury instructions

Refusal to give jury instruction not harmless error

December 5, 2012
Jennifer Nelson
A 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.
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Justices order retrial due to deficient jury instruction

October 30, 2012
Jennifer Nelson
The 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.
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Judges order new robbery trial

August 27, 2012
Jennifer Nelson
Because 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.
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Updated instructions aim to prevent social media use during trial

August 24, 2012
IL Staff
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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Alternate juror’s comment doesn’t entitle man to new trial

August 22, 2012
Jennifer Nelson
A 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.
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Judge did not modify jury instructions

August 21, 2012
Jennifer Nelson
A 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.
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Judges affirm drunk-driving conviction

August 9, 2012
Jennifer Nelson
A 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.
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Man who killed girlfriend may be retried for reckless homicide

July 12, 2012
Jennifer Nelson
The 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.
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Judges uphold college student's rape conviction

June 20, 2012
Jennifer Nelson
The man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed by the Indiana Court of Appeals.
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COA holds omission of 'voluntary' was not an error

June 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
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Trial court erred in instructing jury in negligence case

April 11, 2012
Jennifer Nelson
A 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.
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COA adopts Restatement (Third) of Torts Section 14

March 29, 2012
Jennifer Nelson
The 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.
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Divided Supreme Court orders new murder trial

March 23, 2012
Michael Hoskins
Three 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.
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Judges revise murder sentence

March 21, 2012
Jennifer Nelson
The 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.
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Justices disagree on whether jury instruction requires new trial

March 21, 2012
Jennifer Nelson
The 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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Supreme Court upholds refusal to give jury instruction

March 19, 2012
Jennifer Nelson
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
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Court upholds robbery conviction

March 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
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Court orders new trial in methamphetamine case

March 7, 2012
Michael Hoskins
The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.
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Judges uphold drunk-driving conviction

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
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No fundamental error in jury seeing previously dismissed counts

February 23, 2012
Jennifer Nelson
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
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Justices reformulate jury instruction

February 15, 2012
The Indiana Supreme Court upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of counsel. In doing so, the justices addressed the use and language of a jury instruction and rewrote it to make it clearer.
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COA affirms trial court in felony neglect case

December 29, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
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Supreme Court to hold arguments in St. Joseph County

November 11, 2011
IL Staff
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
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COA orders new trial in utility theft case

November 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
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COA: Judge erred in giving jury instruction

October 13, 2011
Jennifer Nelson
A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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