Battery

Judge: better to assess defendant under mental health law, not criminal one

October 23, 2013
Jennifer Nelson
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
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Conviction, 30-year sentence affirmed in armed robbery

August 15, 2013
Dave Stafford
A man who, with other masked gunmen, robbed an Indianapolis Asian market lost his appeal Thursday.
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Justices disapprove of consideration of community outrage when reviewing sentence

June 28, 2013
Jennifer Nelson
The Indiana Supreme Court upheld a man’s 53-year sentence for battery and neglect of dependent convictions, but disagreed with the Court of Appeals’ reasoning for affirming the sentence.
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COA orders new trial for man who represented himself

June 27, 2013
Jennifer Nelson
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
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3 of former corrections officer’s convictions upheld by appeals court

June 10, 2013
Jennifer Nelson
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
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Appeals court affirms terminating mother’s parental rights

May 24, 2013
Jennifer Nelson
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
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COA: No error in denying reckless homicide instruction

April 30, 2013
Jennifer Nelson
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
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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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Disfigurement sufficient to affirm aggravated battery conviction

April 9, 2013
Dave Stafford
The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.
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Evidence shows stabbing by inmate wasn’t in self defense

March 15, 2013
Jennifer Nelson
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
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COA affirms angry ex-boyfriend’s battery convictions

March 14, 2013
Jennifer Nelson
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
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Rehearing sidesteps state’s claims in battery case

February 28, 2013
Jennifer Nelson
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
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Transferred intent instruction not error in domestic violence trial

February 25, 2013
Dave Stafford
An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
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Officer’s inclusion of victim’s statements did not violate Confrontation Clause

February 22, 2013
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
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Court split over denial to commit man with dementia

February 7, 2013
Jennifer Nelson
Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.
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Judges reinstate battery charges against drunken casino patron

January 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
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Court reverses felony convictions stemming from domestic incident

December 11, 2012
Jennifer Nelson
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
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COA overturns conviction, ruling statements about age not relevant for treatment

December 7, 2012
Marilyn Odendahl
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
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Judges affirm 911 recording properly admitted as evidence

December 5, 2012
Jennifer Nelson
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
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Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule

November 6, 2012
Dave Stafford
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
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Judges amend man’s convictions due to double jeopardy violations

October 29, 2012
Jennifer Nelson
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
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Monroe County man’s suit against ex-wife and city still alive in trial court

September 20, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all claims against the parties, which includes Monroe County.
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Inmate loses appeal of visitation restrictions by DOC

September 19, 2012
Jennifer Nelson
An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.
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Man did not validly waive right to jury trial

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
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COA upholds domestic battery conviction

August 7, 2012
Jennifer Nelson
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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