Criminal case
Ticket can't constitute 'testimonial hearsay'
November 8, 2010
Jennifer NelsonBecause a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial
hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights
weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
MoreCOA upholds denial of post-conviction relief
November 3, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance
of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police
in front of the attorney.
MoreCOA finds voyeurism statute not vague
October 29, 2010
Jennifer NelsonThe state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting
a man’s claims that the statute would prevent taping a surprise birthday party.
MoreCourt splits on public intoxication conviction
October 21, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication
should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped
her car.
MoreSCOTUS declines Indiana death penalty case
October 18, 2010
Michael HoskinsThe nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld
a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.
MoreCourt reverses indeterminate commitment of juvenile
October 14, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile
commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results
regarding the purpose of the statutes.
More7th Circuit orders lower court to consider a minor participant reduction
October 13, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court
needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
MoreCourt: stipulation can be in preliminary jury instructions
October 13, 2010
Jennifer NelsonEven though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary
jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession
of a firearm by a serious violent felon.
MoreSCOTUS rejects two Indiana cases
October 12, 2010
Michael HoskinsThe Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state
rulings on both cases.
MoreCourt affirms, denies challenge to DNA evidence, new mid-trial witness
October 6, 2010
Elizabeth BrockettThe Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether
the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
MoreCOA affirms murder conviction, sentence of 14-year-old
October 5, 2010
Rebecca BerfangerWhen asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender,
the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
MoreCOA: Traffic stop allowed in private parking lot
October 4, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law
enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the
property owner to allow officers to enforce traffic ordinances.
MoreMajority: warrantless car search OK under automobile exception
October 1, 2010
Jennifer NelsonThe Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have
probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
MorePre-trial ID of attacker allowed at trial
September 30, 2010
Jennifer NelsonThe trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court
of Appeals ruled today in a matter of first impression.
MoreFirst impression case on mouthpieces as 'foreign substance'
September 30, 2010
Jennifer NelsonIn a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate
the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
MoreHigh court orders new murder trial
September 30, 2010
Jennifer NelsonThe Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview
even after the man invoked his right to counsel several times.
MoreSupreme Court affirms sexually violent predator status
September 29, 2010
Jennifer NelsonA man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes
consideration of his claims on appeal, the Indiana Supreme Court ruled today.
MoreJustices remand to see if defendant had accurate interpreting
September 29, 2010
Jennifer NelsonThe Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t
mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
MoreMajority orders new requirement for pro se defendants with little guidance
September 29, 2010
Jennifer NelsonThree Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing
future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides
no guidance as to what trial courts must do or say.
MoreCourt reaffirms 3-step test for in camera review
September 24, 2010
Jennifer NelsonThe Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s
documents relating to alleged molestation victims sends the message that it’s “open season” on the records
of victim services providers.
MoreAppellate court vacates murder, dealing convictions
September 23, 2010
Jennifer NelsonThe Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state
didn’t prove the man was involved in the dealing of ecstasy.
MoreCOA: Hearsay evidence properly admitted
September 22, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her
boyfriend hit her because the evidence was admissible under the excited utterance exception.
MoreSupreme Court takes 4 cases
September 21, 2010
IL StaffThe Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented
to a jury in a drug case.
MoreJustices take 3 cases
September 13, 2010
IL StaffThe Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals
lengthened a man’s sentence.
MoreJudge orders law firms to repay city $453,282
September 2, 2010
Michael HoskinsA Merrillville attorney and three law firms must repay East Chicago a total $453,282 in legal fees they collected for defending
former city officials in the Sidewalk Six scandal.
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Indianapolis law firm Stewart & Irwin closing
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Mediation space key to resolution, even if it’s a getaway divorce
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!