testimony

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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Conviction overturned because of testimony about nickname

February 24, 2014
Marilyn Odendahl
A man’s felony conviction was overturned after a split Indiana Court of Appeals ruled that the detective’s testimony about how he identified and found the man was inadmissible hearsay.
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Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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Judges: 11-year-old conviction had little probative value

January 2, 2014
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
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Accused molester denied chance to present complete defense

October 17, 2013
Jennifer Nelson
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
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7th Circuit declines to second guess co-defendant credibility in firearm sentence

September 3, 2013
Marilyn Odendahl
Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.
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Exclusion of money talk not a reversible error

September 3, 2013
Marilyn Odendahl
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.
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Family did have notice that expert pulmonologist was going to testify as pathologist

July 31, 2013
Marilyn Odendahl
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial. 
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Although Miranda rights were violated, physical evidence still admissible

June 18, 2013
Marilyn Odendahl
Although 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.
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Contempt conviction for failure to testify affirmed

May 31, 2013
Dave Stafford
A 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.
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COA: Social worker able to testify as expert witness

May 30, 2013
Jennifer Nelson
A 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.
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Father’s testimony at molestation trial not fundamental error

May 14, 2013
Jennifer Nelson
The 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.
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State not trying to circumvent adverse ruling in refiling charges

May 10, 2013
Jennifer Nelson
The 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.
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Court erred in barring expert witness in decade-old software suit

May 7, 2013
Dave Stafford
A 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.
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Clothing labels and security tags not considered hearsay evidence

May 2, 2013
Jennifer Nelson
The 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.
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Justices order new molestation trial after nurse’s statements admitted improperly

May 2, 2013
Jennifer Nelson
Ruling 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.
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COA affirms father’s convictions stemming from daughter’s injuries

April 10, 2013
Jennifer Nelson
The 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.
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