evidence

7th Circuit declines to overturn mine’s fine for safety violation

August 13, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
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Police allowed to test seized shoe without warrant

August 13, 2014
Jennifer Nelson
The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.
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Search of home after improper GPS tracking affirmed

August 8, 2014
Dave Stafford
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
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Death row inmate denied relief by 7th Circuit

August 4, 2014
Jennifer Nelson
An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.
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Testimony properly authenticates video

August 1, 2014
Marilyn Odendahl
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
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Blood tests for DWI cases costing Hancock County

July 23, 2014
 Associated Press
In the hands of a jury, a simple blood test can mean the difference between a drunken-driver who is convicted and one who walks free.
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Judges uphold felony conviction for kicking cat

July 16, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
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Admission of video and recorded statements did not violate Sixth Amendment

July 15, 2014
Marilyn Odendahl
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.
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Dissent: ‘No evidence’ tying convicted man to crime scene

July 11, 2014
Dave Stafford
While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.
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Judges uphold 40-year sentence in drug deal turned robbery

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.
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Judges uphold man’s resisting law enforcement conviction

July 7, 2014
Jennifer Nelson
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
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Justice argues majority opinion does not give clear guidance going forward

June 30, 2014
Jennifer Nelson
The Indiana Supreme Court by a vote of 3-2 upheld a man’s Class B misdemeanor public intoxication conviction, with the dissenting justices concerned that the majority opinion “muddies the judicial water.”
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Dam dispute rightly decided, Court of Appeals rules

June 30, 2014
Dave Stafford
An Owen County property owner who sued a neighbor over the enlargement of a dam that he said shed water onto his property received no relief at the Indiana Court of Appeals on Monday.
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7th Circuit denies convicted murderer habeas relief

June 24, 2014
Jennifer Nelson
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
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Justices affirm convictions after toddler found wandering by police

June 20, 2014
Jennifer Nelson
The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.
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Reasonable suspicion needed to search home detention participant’s residence

June 11, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.
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COA rules against former Junior Achievement boss in defamation suit

June 11, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
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Court rules gynecologist can’t testify on mental competency

June 4, 2014
Jennifer Nelson
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
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Admitting rifle into evidence not abuse of discretion, COA rules

May 30, 2014
Marilyn Odendahl
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
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Seizure of man’s clothing from hospital not unconstitutional

May 22, 2014
Jennifer Nelson

A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.

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Camm defense attorneys to discuss forensic evidence

May 21, 2014
IL Staff
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
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COA addresses evidence needed for animal fighting conviction

May 7, 2014
Jennifer Nelson
For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.
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DNA in glove at scene sufficient to uphold burglary conviction

April 29, 2014
Dave Stafford
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.
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COA: No fundamental error in admitting testimony

April 29, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
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COA: Search of passenger not unconstitutional

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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