testimony

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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Prosecutor can’t grant use immunity to parents of injured infant

March 28, 2013
Jennifer Nelson
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
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Man to get new trial because of counsel’s performance

March 4, 2013
Jennifer Nelson
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
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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 error denying police deposition in drug case harmless, COA rules

February 11, 2013
Dave Stafford
A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
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In affirming DUI on appeal, judges include predictive warning

February 11, 2013
Dave Stafford
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
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State may drop Bei Bei Shuai murder charge after adverse ruling

January 28, 2013
Dave Stafford
A judge’s ruling last week barring a medical examiner’s testimony that rat poison ingested by Bei Bei Shuai caused the death of her newborn daughter should cause the state to consider dropping all charges, Shuai’s defense attorney said.
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Rule of lenity doesn’t apply on man’s escape conviction

January 24, 2013
Jennifer Nelson
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
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Judges ‘disturbed’ by linking of drugs to defendant’s nationality

January 3, 2013
Jennifer Nelson
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
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Man’s child molesting conviction upheld

December 21, 2012
Jennifer Nelson
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

November 14, 2012
Marilyn Odendahl
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
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COA affirms 5 child molesting convictions

October 11, 2012
Jennifer Nelson
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
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COA split over whether DCS has authority to interview sibling

October 10, 2012
Jennifer Nelson
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
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Defendant’s argument should be made to rules committee

October 3, 2012
Jennifer Nelson
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
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Court of Appeals points to ‘alarming trend’ in defendant’s appeal

September 24, 2012
Marilyn Odendahl
A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.
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Man to get new trial on meth, marijuana charges

September 20, 2012
Jennifer Nelson
An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.
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Man convicted of molestation was denied fair trial

September 12, 2012
Jennifer Nelson
A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.
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Court correctly ruled toxicology department audit results ‘irrelevant’

September 6, 2012
Jennifer Nelson
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
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Father’s confession shouldn’t have been admitted at trial

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
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Court addresses use of epidemiological evidence in med mal cases

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
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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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Court affirms convictions of man who shot at teenagers

August 6, 2012
Jennifer Nelson
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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Judges rule state lacks authority to appeal dismissed case

July 30, 2012
Dave Stafford
The Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s motion to dismiss.
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Defendant not harmed by refusal to grant mistrial

July 25, 2012
Jennifer Nelson
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
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Tests not required to disprove arrestee intoxication

July 18, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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