Justices overturn man’s registration requirement
A Grant Superior judge erred in sentencing a man to register as a sex offender because that requirement wasn't in place at the time he committed his crime, the Indiana Supreme Court ruled.
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Appellate court upholds murder conviction
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
COA lengthens defendant’s sentence
The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
COA: no error in admitting no contest plea
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
Judges disagree on chemical possession charge
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
COA: lawyer-client privilege protects information
A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.
7th Circuit addresses post-trial factual stipulation
The 7th Circuit Court of Appeals addressed an issue of first impression today about whether a District Court may disregard a post-trial factual stipulation between the defendant and the government regarding the amount of drugs for sentencing purposes.
Appeals court split on parol evidence issue
Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.
COA discusses jury-selection procedures
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
Justices decide statute, court rule issue
Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
Justices abandon ‘mere possession’ rule
The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.
Prior misconduct negates self-defense claim
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
COA reverses 4 attempted robbery convictions
The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.
Majority affirms conviction despite no witnesses
An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
Judges find stop violated Fourth Amendment
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing – which led to convictions of burglary and theft – violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
State didn’t prove man was drunk when driving
The Indiana Court of Appeals reversed a defendant's conviction of driving while intoxicated because the state failed to prove the man was intoxicated when he drove his moped.
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.
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.