Criminal case

COA affirms jury's rejection of insanity defense

October 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
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Appellate judges will hear arguments in East Chicago

October 4, 2011
IL Staff
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
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COA: woman not denied right to confrontation

September 26, 2011
Jennifer Nelson
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
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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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Man's conviction hinges on 'induce' definition

September 20, 2011
Jennifer Nelson
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
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Judges uphold involuntary commitment

September 19, 2011
Jennifer Nelson
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
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Appeals court sets arguments in Camm case

September 12, 2011
IL Staff
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
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Appeals court sides with murder defendant in hearsay appeal

August 30, 2011
Jenny Montgomery
Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.
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COA orders reduced sentence in first impressions case

August 26, 2011
Jenny Montgomery
In reversing a sentence for a serious violent felon, the Indiana Court of Appeals has ruled that intending to commit a “crime of violence” is not, in itself, a crime of violence
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Man not prejudiced by counsel's deficient performance

August 23, 2011
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
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Public to testify before Barnes subcommittee

August 23, 2011
IL Staff
The subcommittee formed to address the issue of illegal police entry following an Indiana Supreme Court ruling will hear public testimony and discuss draft language at its Wednesday meeting.
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Court divided over consent to 5-person jury

August 22, 2011
Jennifer Nelson
A panel of Indiana Court of Appeals judges split on the issue of whether a defendant agreed to allow a five-member jury to decide her case after one juror fell ill, with the dissenting judge believing the defendant – not her counsel – must consent to the five-person jury.
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Victim's statements to nurse allowed, but judges reverse convictions

August 22, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.
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Judges uphold theft charge against man

August 19, 2011
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.
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Court could find juvenile must register as sex offender

August 15, 2011
Jennifer Nelson
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
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Judge reduces death sentences to life without parole

August 15, 2011
Michael Hoskins
If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.
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Man's convictions upheld despite court's use of inadmissible evidence

August 12, 2011
Michael Hoskins
The Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s multiple rape and sexual conduct convictions.
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COA divided on whether 'bully' comments require new trial

August 3, 2011
Jennifer Nelson
The Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial impossible.
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Lawmakers may consider sentencing options for children waived to adult court

August 3, 2011
Michael Hoskins
Within a six-month period, one Indiana county prosecutor faced two situations where he had to make one of the toughest types of decisions – whether a child should be tried in juvenile or adult court based on the brutality of a crime and age of the offender.
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7th Circuit judge grants prisoner’s request for certificate of appealability

August 1, 2011
Jennifer Nelson
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
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'Notario' pleads guilty to tax evasion, illegal law practice

July 28, 2011
Michael Hoskins
A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.
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Circuit Court affirms admission of drugs, sentence

July 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
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Justices reduce sentence of man found asleep in office

July 21, 2011
Jennifer Nelson
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
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COA rules man is not guilty by reason of insanity

July 20, 2011
Jennifer Nelson
Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.
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Appeals court splits on new sentence modification issue

July 18, 2011
Jennifer Nelson
An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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