testimony

Bragging is admissible in court, COA rules

March 25, 2015
Marilyn Odendahl
A defendant’s statement to law enforcement that he could “read” people was a boast and not a character reference, according to the Indiana Court of Appeals, so it was admissible at trial.
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Justices hear textbook case of errors in evidence

March 25, 2015
Dave Stafford
A man who stabbed his son-in-law and was convicted of battery with a deadly weapon argues trial court errors prevented him from presenting evidence that he acted in self-defense. The appellant claims the victim was the first to strike, whacking him with a 2-by-4 piece of lumber.
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State failed to prove inmate knew he made false statements

March 19, 2015
Jennifer Nelson
Because the state could not establish that a Marion County Jail inmate knew statements he made to a witness over the phone in another inmate’s case were false, the state didn’t prove Johnny Gomillia committed attempted obstruction of justice.
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COA reverses confinement conviction, cautions prosecution on future statements

February 5, 2015
Dave Stafford
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
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Court properly excluded evidence regarding victim’s truthfulness

January 8, 2015
Jennifer Nelson
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
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COA affirms convictions despite erroneously admitted testimony

December 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has upheld a man’s convictions, including forgery and possession of a firearm by a serious violent felon, after finding the errors by the trial court in admitting certain testimony were harmless beyond a reasonable doubt.
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New trial ordered after expert testimony improperly excluded

December 18, 2014
Jennifer Nelson
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
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Court properly allowed evidence identifying precursors used to make meth

December 11, 2014
Jennifer Nelson
A trial court did not abuse its discretion when it admitted an ingredient label and the testimony of a detective relating to the identification of three precursors commonly used to make methamphetamine, the Indiana Court of Appeals ruled.
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Perjury voids conviction; COA refers prosecutor for discipline

November 24, 2014
Dave Stafford
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
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DCS supervisor testimony did not sway case against father

November 3, 2014
Marilyn Odendahl
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
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Defendant’s breach of plea agreement allows state to back out

October 2, 2014
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.
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COA split on upholding battery conviction

September 30, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.
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Judges order new rape trial based on inadmissible evidence

August 29, 2014
Jennifer Nelson
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
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Court orders man’s records expunged

August 15, 2014
Jennifer Nelson
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
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COA affirms belt considered a deadly weapon in domestic battery case

August 15, 2014
Jennifer Nelson
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
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Testimony properly authenticates video

August 1, 2014
Marilyn Odendahl
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
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Police questioning gets conviction booted a second time

July 29, 2014
Marilyn Odendahl
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
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‘Sovereign citizen’ convicted of kidnapping daughter loses appeal

July 16, 2014
Jennifer Nelson
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
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Officer’s testimony about victim’s statement admissible, COA rules

June 12, 2014
Jennifer Nelson
A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.
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Judges reverse convictions based on use of witness’s statement

May 21, 2014
Jennifer Nelson
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions. 
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COA: Court should not have imposed 2-mile ban as part of probation

May 21, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
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Justices: Cop went too far in saying man’s race prevented a fair trial

May 13, 2014
Jennifer Nelson
The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.
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7th Circuit denies habeas relief in 2005 Gary murder

May 5, 2014
Dave Stafford
A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.
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COA: No fundamental error in admitting testimony

April 29, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
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ATF agent’s testimony supports gun conviction

March 5, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.
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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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