resisting law enforcement

Judges uphold man’s resisting law enforcement conviction

July 7, 2014
Jennifer Nelson
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
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Justices reverse resisting conviction for man who walked from police

June 30, 2014
Dave Stafford
A man who walked away from police after they ordered him to stop was wrongly convicted of resisting law enforcement, the Indiana Supreme Court held Friday in one of two cases that reviewed the statute.
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Judges reverse woman’s resisting law enforcement conviction

May 22, 2014
Jennifer Nelson
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
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Man who sped through construction zone loses appeal

April 7, 2014
Dave Stafford
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
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Judge believes caselaw has ‘unintended consequences’ for residents, law enforcement

March 18, 2014
Jennifer Nelson
In a divided opinion in which the Indiana Court of Appeals affirmed a man’s resisting law enforcement finding and probation revocation, Judge Paul Mathias worried that relying on certain caselaw would have “unintended consequences” for Hoosiers and police officers.
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Clenched fist and aggressive behavior merit resisting law enforcement conviction

December 13, 2013
Marilyn Odendahl
The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground. 
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Justices affirm rejection of tendered jury instruction

November 13, 2013
Dave Stafford
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
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Former university soccer coach’s lawsuit after charges dropped fails

November 4, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
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Judges say evidence supports a retrial

October 25, 2013
Jennifer Nelson
Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.
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Judge: better to assess defendant under mental health law, not criminal one

October 23, 2013
Jennifer Nelson
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
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Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
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Resisting law enforcement conviction reduced due to double jeopardy violation

June 25, 2013
Jennifer Nelson
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
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Felon’s convictions, multiple sentence enhancements affirmed

February 26, 2013
Dave Stafford
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
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COA orders trial on drug charges

February 5, 2013
Jennifer Nelson
On 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.
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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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Resisting conviction reversed, but meth convictions stand

December 4, 2012
Dave Stafford
A man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed, but the Court of Appeals was not persuaded to overturn his drug convictions.
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Judges affirm jury instruction was not permitted under Barnes

September 5, 2012
Jennifer Nelson
The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
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Student’s delinquency adjudication involving in-school incident reversed

August 28, 2012
Dave Stafford
A Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
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Court affirms guilty but mentally ill sentence in DUI, resisting case

June 15, 2012
Dave Stafford
A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.
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COA rules police can act reasonably to control investigation scene

December 30, 2011
Michael Hoskins
Police were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the Indiana Court of Appeals has ruled.
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Barnes study committee to vote on final report

November 9, 2011
IL Staff
The interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet Thursday to vote on the adoption of a final report.
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Court addresses Barnes retroactivity

October 26, 2011
Michael Hoskins
The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.
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Justices clarify police resistance ruling

September 28, 2011
Michael Hoskins
Emphasizing that it’s not trampling on the Fourth Amendment and allowing police to illegally enter one’s home, the Indiana Supreme Court has revisited a case it decided four months ago and reinforced its ruling that residents don’t have a common law right to resist police entering one’s home.
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Supreme Court upholds Barnes ruling

September 20, 2011
Michael Hoskins
Emphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s home.
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Justices stand firm on Barnes decision

September 20, 2011
Michael Hoskins
The Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its initial holding that residents do not have a common law right to resist police in any situation.
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