911 call properly admitted as evidence, COA affirms
A 911 call placed by a witness who didn’t actually testify was properly admitted, the Court of Appeals of Indiana has affirmed, also finding sufficient evidence.
evidence
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Drowning in data: Attorneys grappling with increase in digital evidence
If you’re wanting to find out how prosecutor’s offices and law enforcement are doing in handling a growing amount of digital evidence, criminal defense attorney John Tompkins figures you could get 92 different answers — one for each of Indiana’s counties.
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Digital evidence portal pilot to standardize proposed exhibit submission process
CaseLines, a digital evidence portal from Thomson Reuters, is being piloted in four courts in Hamilton County presided over by Circuit Judge Paul Felix and Superior Judges Jonathan Brown, Michael Casati and William Hughes.
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Lake County judge finds evidence tied to famous murder
Lake Circuit Court Judge Marissa McDermott recently discovered a pair of guns tied to a famous murder in The Region more than 50 years ago.
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New murder trial affirmed for Elkhart man with mental disability
A man with a mental disability who has for years claimed he was wrongfully convicted of an Elkhart murder and who spent more than 15 years behind bars can proceed to a new trial after the Indiana Court of Appeals upheld a post-conviction relief order vacating his murder conviction.
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Articles
No error occurred in allowing jury to view previously viewed exhibits in robbery case, COA affirms
A trial court’s decision to allow a jury to view four previously viewed exhibits in a felony robbery trial did not constitute fundamental error, the Court of Appeals of Indiana affirmed Wednesday.
Trump lawyers back in DC court as two sides differ over trial date in election subversion case
Lawyers for Donald Trump were back in court Monday as a federal judge considers radically conflicting proposals for a trial date in the case accusing him of working to overturn the results of the 2020 presidential election.
COA upholds convictions, 40-year sentence for man convicted of robbing, beating 85-year-old woman
A man convicted of breaking into an elderly woman’s home and severely beating her could not convince the Court of Appeals of Indiana that his felony convictions or sentence should be overturned.
COA affirms arson conviction, rejects mistrial, evidence arguments
A man convicted of setting fire to his sister’s property failed to convince the Court of Appeals of Indiana that the trial court erred in denying his request for a mistrial or in admitting “silent witness” evidence.
Pettygrove: Avoiding (or winning) evidence preservation arguments
All federal litigants have a legal duty to preserve evidence that might be relevant, whether to their own or another party’s claims or defenses. Though it’s a seemingly straightforward obligation, parties frequently accuse one another of breaching this duty.
Dealing resulting in death conviction upheld after COA upholds admission of texts from victim’s phone
The Court of Appeals of Indiana has affirmed a man’s conviction for dealing resulting in death, finding the trial court didn’t abuse its discretion in admitting text messages from the victim’s phone as evidence.
COA declines to address fundamental error claims because woman explicitly said she had no objection to evidentiary admissions
In an opinion covering less than two pages, the Court of Appeals of Indiana summarily affirmed a woman’s drug-related convictions, finding she could not challenge the admission of evidence because she explicitly stated at trial that she did not object.
COA affirms order for patients to remove non-evidentiary allegations from evidentiary submissions in med-mal case
Non-evidentiary allegations were properly struck from evidentiary submissions in a medical malpractice case, the Court of Appeals of Indiana has affirmed.
Jury instruction, exclusion of evidence of alleged racial animus were proper in attempted murder shooting case, COA affirms
A trial court didn’t err or violate a defendant’s Sixth Amendment rights in an attempted murder case when it denied his objection to a jury instruction and his request to cross-examine two people that allegedly used a racial slur in reference to him.
7th Circuit affirms convictions, sentencing for Indianapolis meth traffickers
A trio of men linked to an Indianapolis drug trafficking ring failed to sway the 7th Circuit Court of Appeals, as the appellate court affirmed Monday a lower court’s convictions and sentencing on methamphetamine distribution-related charges.
COA affirms photo, expert testimony in slip-and-fall case but reverses $4M verdict
A trial court did not abuse its discretion in admitting photographic evidence and expert testimony in a case involving a woman who slipped on ice in a Menards parking lot. But the Court of Appeals reversed a multimillion-dollar verdict.
Michigan City man’s burglary conviction upheld by COA
The Court of Appeals of Indiana rejected a man’s claims that the state committed “trial by ambush” by allowing testimony and video evidence that showed him taking two cases containing Glock handguns.
COA upholds admission of blood draw, lay testimony in OWI case
A driver who injured a motorcyclist during a pursuit has failed to convince the Court of Appeals of Indiana to throw out his OWI conviction on evidentiary grounds.
Lower court needs to address constitutional issues, hold hearing in sex crimes case, 7th Circuit rules
A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.
State made reasonable effort to contact witness for second murder trial, COA affirms
The Court of Appeals of Indiana affirmed a man’s murder and robbery convictions after finding the admission of previous witness testimony was harmless.
7th Circuit affirms enough information available to issue warrant in Indianapolis handgun case
Indianapolis police had probable cause for a search warrant in a July 2020 case that resulted in a man’s federal felon-in-possession of a handgun charge, the 7th Circuit Court of Appeals ruled Wednesday.
Evidentiary arguments fail to overturn child molesting conviction at COA
A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.
Evidence supports neglect conviction after infant suffers ‘non-accidental trauma’
An Indiana man who was in charge of his girlfriend’s infant grandson when the child was injured will not get relief from his felony conviction from the Court of Appeals of Indiana.
COA: Trial court properly dismissed motion to suppress blood draw in drunken driving case
A drunken driver who killed another person in a two-car vehicle wreck has failed to convince the Court of Appeals of Indiana her blood test results should be suppressed from her trial.