Lack of evidence gets criminal confinement conviction dropped
A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
Battery
Articles
Justices take case challenging domestic battery conviction
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
Court of Appeals affirms man’s domestic battery conviction
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
7th Circuit: Statute citation not required to revoke supervised release
A South Bend man whose supervised release on a federal firearms conviction was revoked after he was accused of assaulting a woman wasn’t deprived due process, the 7th Circuit Court of Appeals ruled Wednesday.
Woman convicted in baby’s death seeks visitation with daughter
A northern Indiana woman who spent more than five years in prison for battering her infant who eventually died of the injuries has filed court document seeking visitation time with her other daughter.
Habitual offender changes not retroactive, COA holds
In affirming an Indianapolis man’s conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state’s habitual offender statute enacted a year ago are not retroactive.
Justices affirm stabbing conviction in evidence appeal
An Anderson man convicted of stabbing his son-in-law lost his appeal to the Indiana Supreme Court Tuesday. The man claimed the trial court wrongly excluded evidence that the victim told others that he had struck the man with a two-by-four piece of lumber before the knife attack.
Double jeopardy requires reversal of 1 of prisoner’s convictions
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
Admission of recording is harmless error
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
Justices acquit two involved in fistfight turned fatal
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
Mother’s battery on teen not protected by parental privilege
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
Convictions upheld for man who battered girlfriend, relative at family reunion
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
Court reverses convictions from robbery due to double jeopardy concerns
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.
Oden pleads guilty to battery in deal with prosecutors
Former NBA No. 1 draft pick Greg Oden has struck a plea deal with prosecutors to settle battery charges involving a former girlfriend.
Man’s criminal confinement conviction reversed, battery conviction reinstated
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
Gang member’s sentence for bar fight reduced
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
Insurer had duty to defend lawsuit against Menard and loss prevention company
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
COA reverses domestic violence determination due to Blakely violation
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
Judges reverse 2 convictions based on double jeopardy violations
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.