Criminal case

Prior conviction doesn't fall under exception

November 5, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
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7th Circuit: conviction can't enhance sentenceRestricted Content

November 4, 2009
Jennifer Nelson
A defendant's conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
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State didn't prove man used car to keep drug

November 4, 2009
Jennifer Nelson
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
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Improper venue doesn't require acquittal

November 3, 2009
Jennifer Nelson
Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.
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YouTube video prejudiced juryRestricted Content

October 30, 2009
Jennifer Nelson
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
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No error in sanctions against state

October 28, 2009
Jennifer Nelson
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
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COA reverses dismissal of drug charges

October 21, 2009
Jennifer Nelson
A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
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COA: Destroyed tape doesn't make record silent

October 20, 2009
Jennifer Nelson
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
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Supreme Court considers MySpace statement

October 15, 2009
Rebecca Berfanger
he Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury as evidence of his character, were admissible in court.
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Judges disagree on when escape occurs

October 7, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
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Testimony showed intent in identity deception

October 5, 2009
Jennifer Nelson
During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.
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COA splits on cheek-swab requirements

September 30, 2009
Jennifer Nelson
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
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Judges dissent on search after 'knock and talk'

September 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
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Court split on if lab tech must testify

September 25, 2009
Jennifer Nelson
The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.
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Circuit Court vacates drug sentence

September 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.
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Supreme Court grants 6 transfers

September 14, 2009
Jennifer Nelson
The Indiana Supreme Court granted six transfers Sept. 11, including a case of first impression involving a suit filed by a pathological gambler against a riverboat casino.
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Consent not defense in battery case

September 9, 2009
Jennifer Nelson
Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.
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Court erred in denying court-appointed counsel

September 2, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.
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Judges disagree on search validity

August 31, 2009
Jennifer Nelson
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
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Instant offense considered 'unrelated' per statute

August 28, 2009
Jennifer Nelson
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
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Justices: Appeal not available after guilty plea

August 25, 2009
Jennifer Nelson
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
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7th Circuit affirms possible erroneous sentenceRestricted Content

August 18, 2009
Jennifer Nelson
Because a defendant's attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement - despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling - the federal Circuit Court had no choice but to affirm the District Court.
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Trial court erred in denying motion to continue

August 17, 2009
Jennifer Nelson
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
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No Brady violation in sex-sting case

August 13, 2009
Jennifer Nelson
A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.
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State's policy in court doesn't violate constitution

August 12, 2009
Jennifer Nelson
The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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