Misdemeanor

Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016
Olivia Covington
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
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Judges: Parents, courts need guidance on discipline

November 30, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
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COA affirms denial of timber buyer’s petition for post-conviction relief

September 26, 2016
Olivia Covington
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
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Woman’s criminal recklessness, battery convictions against husband affirmed

September 20, 2016
Olivia Covington
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
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Spitting satisfies ‘fighting’ element of disorderly conduct statute

August 29, 2016
Jennifer Nelson
The Indiana Supreme Court Monday found that the term “fighting” in the disorderly conduct statute is ambiguous and only covers physical altercations, but still upheld a man’s conviction based on his spitting on his wife during an argument.
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Woman’s outburst politically ambiguous; disorderly conduct conviction stands

August 26, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld a Michigan City woman’s disorderly conduct conviction after finding the focus of her speech was politically ambiguous and the state acted rationally in impairing her speech while trying to serve an arrest warrant.
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COA: Live-in girlfriend asked to leave didn’t trespass

August 19, 2016
Dave Stafford
A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.
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Justices reinstate conviction divided COA reversed

August 5, 2016
Dave Stafford
The Indiana Supreme Court on Thursday affirmed a man’s misdemeanor failure to identify conviction that had been reversed by a divided panel of the Court of Appeals.
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Statute, plea agreement do not preclude converting felony to misdemeanor

August 2, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
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Man charged in pit bull attack on 2 Indiana women

October 12, 2015
 Associated Press
An Indiana man is facing misdemeanor charges after his pit bulls mauled and seriously injured two young women.
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Woman’s comments to police considered political speech, COA rules

June 25, 2015
Jennifer Nelson
The Indiana Court of Appeals overturned a woman's misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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Indiana Supreme Court to review police search struck down by COA

June 1, 2015
Dave Stafford
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
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No abuse in giving jury instruction, but COA still reverses 1 conviction

May 28, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
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COA affirms admission of gun and photographs into evidence

May 27, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
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Majority finds man entrapped to patronize prostitute

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
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COA reissues expungement opinion

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
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Woman’s conviction for threatening apartment manager upheld

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
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Judges find court should have granted expungement

April 17, 2014
Jennifer Nelson
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
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Elected official loses appeal in voter registration removal

March 12, 2014
Jennifer Nelson
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
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Raccoon hunter cleared of conviction for fetching wayward dog

January 28, 2014
Dave Stafford
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
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Admission of return of service did not violate Confrontation Clause

December 20, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
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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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Man convicted before felony classes implemented can’t convert conviction to misdemeanor

October 16, 2013
Jennifer Nelson
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
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Attorney who staged own shooting pleads to misdemeanor

September 25, 2013
Dave Stafford
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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