testimony
Although Miranda rights were violated, physical evidence still admissible
June 18, 2013
Marilyn OdendahlAlthough a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana
Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
MoreContempt conviction for failure to testify affirmed
May 31, 2013
Dave StaffordA woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted
of contempt of court, an appellate panel ruled Friday.
MoreCOA: Social worker able to testify as expert witness
May 30, 2013
Jennifer NelsonA social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed
to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges
affirmed the termination of a mother’s parental rights to her two young sons.
MoreFather’s testimony at molestation trial not fundamental error
May 14, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the
defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
MoreState not trying to circumvent adverse ruling in refiling charges
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally
dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential
informant.
MoreCourt erred in barring expert witness in decade-old software suit
May 7, 2013
Dave StaffordA trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company
whose former employees allegedly violated non-compete clauses.
MoreClothing labels and security tags not considered hearsay evidence
May 2, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security
tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
MoreJustices order new molestation trial after nurse’s statements admitted improperly
May 2, 2013
Jennifer NelsonRuling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the
hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and
ordered a new trial.
MoreCOA affirms father’s convictions stemming from daughter’s injuries
April 10, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding
the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
MoreProsecutor can’t grant use immunity to parents of injured infant
March 28, 2013
Jennifer NelsonThe Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under
the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right
against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
MoreMan to get new trial because of counsel’s performance
March 4, 2013
Jennifer NelsonBecause the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,”
the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
MoreOfficer’s inclusion of victim’s statements did not violate Confrontation Clause
February 22, 2013
Marilyn OdendahlThe Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim
did not violate the defendant’s right to be confronted with the witnesses against him.
MoreCourt error denying police deposition in drug case harmless, COA rules
February 11, 2013
Dave StaffordA Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment
purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
MoreIn affirming DUI on appeal, judges include predictive warning
February 11, 2013
Dave StaffordAn argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test
machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote
that such a ruling could cost criminal defendants.
MoreState may drop Bei Bei Shuai murder charge after adverse ruling
January 28, 2013
Dave StaffordA judge’s ruling last week barring a medical examiner’s testimony that rat poison ingested by Bei Bei Shuai caused
the death of her newborn daughter should cause the state to consider dropping all charges, Shuai’s defense attorney
said.
MoreRule of lenity doesn’t apply on man’s escape conviction
January 24, 2013
Jennifer NelsonThe rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home
detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions
of Class D felonies escape and attempted residential entry.
MoreJudges ‘disturbed’ by linking of drugs to defendant’s nationality
January 3, 2013
Jennifer NelsonEven though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted
testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new
trial.
MoreMan’s child molesting conviction upheld
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that
Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
MoreCOA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
November 14, 2012
Marilyn OdendahlA convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the
testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s
contention as “pure conjecture supported by nothing in the record.”
MoreCOA affirms 5 child molesting convictions
October 11, 2012
Jennifer NelsonThe admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County
was not a fundamental error, the Indiana Court of Appeals held Thursday.
MoreCOA split over whether DCS has authority to interview sibling
October 10, 2012
Jennifer NelsonAn Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.
MoreDefendant’s argument should be made to rules committee
October 3, 2012
Jennifer NelsonIn affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana
Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence
Rules Review Committee.
MoreCourt of Appeals points to ‘alarming trend’ in defendant’s appeal
September 24, 2012
Marilyn OdendahlA defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp
rebuke from the Indiana Court of Appeals.
MoreMan to get new trial on meth, marijuana charges
September 20, 2012
Jennifer NelsonAn Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously
honor” his right to remain silent.
MoreMan convicted of molestation was denied fair trial
September 12, 2012
Jennifer NelsonA Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching
testimony was admitted in error, the Court of Appeals held Wednesday.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!