Man did not validly waive right to jury trial
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.
Battery
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COA upholds domestic battery conviction
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.
Judges rule state lacks authority to appeal dismissed case
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.
Indiana justices take 2 cases
The Indiana Supreme Court has agreed to hear the case filed by a fired professor at the University of Evansville against the school.
Man not prejudiced when prosecutor read illiterate witness’ statement before jury
Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.
Judges reduce sentence
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
Appellate court overturns sexual battery conviction
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
COA finds double jeopardy in DeLaney attacker’s case
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
Judges reverse felony sexual battery conviction
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
7th Circuit affirms denial of habeas corpus petition
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
Court upholds finding man committed crime of domestic violence
The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.
Judges dismiss man’s untimely appeal
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”
Supreme Court to hold arguments in St. Joseph County
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
COA: Judge erred in giving jury instruction
A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.
COA: Court erred in admitting probable cause affidavit
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
Victim’s statements to nurse allowed, but judges reverse convictions
The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.
COA splits on reversing convictions for Batson violation
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
Appellate court addresses parental privilege in 2 opinions
In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.
Justices address judicial-temperance presumption
The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.
COA to hear arguments at Ivy Tech campuses
The Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery case.