Defendant must prove inability to pay
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
Criminal Case
Articles
Justices vacate life sentence
The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation. Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and […]
Judges reverse theft conviction
The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.
COA split on impact of jury instruction omission
One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
High court rules on prisoners issues
The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.
High court defines ‘briefly’
In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.
COA: State didn’t bring man to trial within 1 year
The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year. In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found […]
Judges split on endangerment issue
The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.
Jury not properly instructed at man’s trial
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
Majority: No double jeopardy in enhancement
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
Proof of service is state’s burden
The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.
High court upholds life sentence
The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.
COA: Consent prevented constitutional violations
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
Justices: Search didn’t violate 4th Amendment
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
7th Circuit addresses digital media searches
Despite being troubled by some aspects of a police officer’s search of computers of a man charged with voyeurism – during which the officer discovered child pornography – the 7th Circuit Court of Appeals found the search didn’t exceed the scope of the original warrant.
Decision resolves conflicting appellate rulings
An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
7th Circuit affirms cross burner’s convictions
The 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man’s convictions stemming from his burning of a cross in front of the home of a family with biracial children.
7th Circuit: counsel assistance wasn’t ineffective
A defendant didn’t receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim’s mother during the trial, the 7th Circuit Court of Appeals ruled.
Judges find search of car for gun not justified
A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.
Court orders mandate for full parole hearing
The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.