battery

Trial court should decide educational credit time

March 11, 2011
Jennifer Nelson
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
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COA: Trial judges can't expand timetable on filing appeal notice

December 29, 2010
Michael Hoskins
State trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court of Appeals cautioned today.
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Justices take 3 cases

December 20, 2010
IL Staff
The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
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Mendenhall gets 40 years for attack

November 19, 2010
Jennifer Nelson
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
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Appellate court travels for arguments

October 18, 2010
IL Staff
As part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear arguments.
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Pre-trial ID of attacker allowed at trial

September 30, 2010
Jennifer Nelson
The 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.
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COA: Hearsay evidence properly admitted

September 22, 2010
Jennifer Nelson
The 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.
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Attorney found guilty but mentally ill in attack

September 16, 2010
Jennifer Nelson
A Hamilton County jury found an attorney guilty but mentally ill on the five counts he faced following his attack on a state representative nearly a year ago.
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COA affirms doctrine of transferred intent applies

August 11, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated for committing battery for hitting his teacher unintentionally when trying to punch another student.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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Man gets new trial because of ineffective counsel

July 8, 2010
Elizabeth Brockett
Based on ineffective assistance of counsel, the Indiana Court of Appeals today reversed on direct appeal a man’s domestic battery conviction and remanded the case for a new trial.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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Justices: No error in declaring mistrial

April 28, 2010
A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion, the Indiana Supreme Court ruled Tuesday.
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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: amendment not retroactive

August 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.
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Court affirms student's convictions

June 19, 2009
Jennifer Nelson
After examining the few Indiana decisions on tumultuous conduct in the context of sufficiency of evidence to support a disorderly conduct conviction, the Indiana Supreme Court affirmed a high school student's conviction for behavior involving the dean of students. The high court also affirmed the student's battery conviction against the assistant principal.
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Man isn't entitled to parental privilege defense

March 4, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
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Trial court couldn't modify man's sentence

January 28, 2009
Jennifer Nelson
Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.
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Appeals court reverses student's convictions

September 19, 2008
Michael Hoskins
The Indiana Court of Appeals has reversed a teenager's convictions for battery and disorderly conduct stemming from a face-off with an assistant principal and dean of students in the school cafeteria.
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Court split on mother's battery conviction

August 29, 2008
Jennifer Nelson
In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.
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