Kissing a sleeping victim doesn’t constitute sexual battery
A victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute, the Indiana Court of Appeals held Wednesday.
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Court tackles ‘sexual activity’ meaning in statute
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
Circuit Court orders new trial on Rule 404(b) grounds
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
Justices: Belated appeals rule doesn’t apply to probation revocations
The Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t apply to probation revocations.
COA cites double jeopardy clause in reversal of conviction
The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.
COA denies Miranda rights appeal in drunken driving case
The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.
Court of Appeals to hear arguments in Valparaiso
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
COA upholds convictions of man who planned to kill attorney, judge, ex-wife
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
Circuit Court affirms judgments against 2 ex-IMPD narcotics officers
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
Appeals court to hear arguments at Indy high school
The Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a man appeals his drug dealing conviction.
Trial court should decide educational credit time
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
COA reverses marijuana conviction based on intent
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
Change sought for 3rd murder trial
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
Defense attorney’s arranged drug buy illegal
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
Judges analyze ‘use’ of body armor for first time
The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.
COA discusses vouching testimony in child molesting trials
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
7th Circuit agrees crack cocaine offender’s sentence can’t be reduced
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
SCOTUS denies one Indiana case, sidesteps others for now
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
Religious-worship burglary enhancement doesn’t violate constitutions
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
Supreme Court addresses protective orders
The Indiana Supreme Court released two opinions today regarding the service of protective orders to respondents.