Good-faith exception not applicable
An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.
Criminal Case
Articles
Court clarifies responses under T.R. 56(I)
The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
COA reverses rape conviction in cold case
The Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago, but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to support a conviction of a sexual attack against the victim.
Case requires balancing act by court
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
Arrest upheld after seatbelt stop
The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.
Judges: Vehicle stop by cops reasonable
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
Court affirms student’s convictions
After examining the few Indiana decisions on tumultuous conduct in the context of sufficiency of evidence to support a disorderly conduct conviction, the Indiana Supreme Court affirmed a high school student's conviction for behavior involving the dean of students. The high court also affirmed the student's battery conviction against the assistant principal.
Supreme Court grants 6 transfers
The Indiana Supreme Court granted six transfers Sept. 11, including a case of first impression involving a suit filed by a pathological gambler against a riverboat casino.
Judges dissent on search after ‘knock and talk’
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
Judges differ on pretrial credit award
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge – other charges were dismissed – is entitled to, or if he is entitled to any time at all.
Judges disagree on when escape occurs
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
No Brady violation in sex-sting case
A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.
Man isn’t entitled to parental privilege defense
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
Prior conviction doesn’t fall under exception
The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
COA: Man didn’t personally waive right to jury
Because the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving
case, the Indiana Court of Appeals reversed his elevated conviction.
COA: No credit for pretrial home detention
The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.
Improper venue doesn’t require acquittal
Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.
COA: alternative murder sentence illegal
The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
7th Circuit: conviction can’t enhance sentence
A defendant’s conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
Men took substantial steps to commit crime
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.