Reversal: Appeals court tosses admission of OWI breath test
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
evidence
Articles
Indiana family seeks resolution in 30-year-old homicide
The father of a teenage girl who was fatally shot in a 1988 double-homicide in Brazil, Indiana, said he decided to give his first interviews about the killing in the hopes the three-decade-old case will finally be solved.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Despite testimony discrepancies, delinquency affirmed
The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.
COA: Defendant with transcript has no right to trial recording
A trial court’s decision to decline to provide a criminal defendant with an electronic recording of his trial has been upheld, with the Indiana Court of Appeals ruling the defendant did not have a right to the electronic copy because he already had received the trial transcript.
Web Exclusive: Sex abuse survivor trains lawyers, others to avoid revictimizing
After overcoming addiction, abuse and sexual harm, Sarah Hurley sought to aid women dealing with the same struggles she faced as a child. She created the White Stone Project, an organization devoted to providing survivor-led, professional training and coaching to people and organizations engaging trauma survivors. Its goal: to equip people to more effectively communicate, understand and avoid revictimizing those they work with.
COA: Angry shopper wrongly convicted of resisting
A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.
COA reverses incest, child molesting convictions after double jeopardy violation
The Indiana Court of Appeals partially reversed a man’s conviction for child molesting and incest when it found a double jeopardy violation in the convictions.
High court won’t hear Evansville suit alleging coerced confessions
A lawsuit involving three teenagers who accuse Evansville police of violating their constitutional rights is headed to trial after the U.S. Supreme Court declined to hear the case. The high court refused Monday to review a January ruling by the 7th U.S. Circuit Court of Appeals, which found enough evidence to warrant a civil trial in the suit filed on behalf of William, Deadra and Andrea Hurt and their mother.
Ex-USA Gymnastics head pleads not guilty to tampering count
The former president of USA Gymnastics pleaded not guilty in a Texas courtroom Monday to a charge of tampering with evidence in the sexual assault investigation of now-imprisoned sports doctor Larry Nassar. Prosecutors have accused Steve Penny of destroying or hiding documents related to Nassar’s activities at the Karolyi Ranch, the ex-national training center near Huntsville, Texas, where a number of gymnasts said Nassar abused them.
Store owner fined $45K for contempt, perjury, witness tampering
The Indiana Tax Court dismissed a case and ordered sanctions when it found a store owner committed perjury and witness tampering by attempting to influence his employees’ testimony in an investigation against him.
Reversal: Claim of 165 texts in 24 hours doesn’t prove stalking
The Indiana Court of Appeals revoked a man’s protective order against the mother of his child when it found that her excessive messaging in a 24-hour period did not constitute stalking.
COA: Admission of interview video harmless in firearm conviction
The Indiana Court of Appeals affirmed the firearm conviction and sentence of a man when it found the admission of a nearly incomprehensible interview video was, at most, harmless in his case.
COA upholds admission of evidence after warrantless car search
The Indiana Court of Appeals has upheld the admission of evidence found during the warrantless search of a convicted drug felon’s vehicle, finding the search did not violate the man’s state constitutional rights.
Ex-USA Gymnastics head charged with evidence tampering
Former USA Gymnastics president Steve Penny was arrested Wednesday after a Texas grand jury indicted him, alleging he tampered with evidence in the sexual assault investigation of now-imprisoned gymnastics doctor Larry Nassar.
COA: Deputy’s hearsay wouldn’t change resisting conviction
A habitual offender convicted of resisting law enforcement could not convince the Indiana Court of Appeals on Tuesday that a trial court’s error in admitting hearsay evidence in his case made a fair trial impossible.
Is it food poisoning? Expert litigator explains claim evaluation
“These cases are not just someone with a tummy ache,” said William Marler, the food safety expert and attorney who launched his fledgling career after successfully representing more than 100 other Jack in The Box food-poisoning victims. Since then, he has represented hundreds of victims in some of the most serious foodborne illness outbreaks in the country, winning more than $600 million in settlements.
Appellate court: Search warrant for house, garage included car
Drug evidence found in a vehicle in the garage of a home where police were looking for evidence of a prior assault should not have been suppressed, the Indiana Court of Appeals ruled in a reversal Friday.
Gun in fallen pants pocket after police confrontation admissible
A man whose 9-mm handgun was discovered after his loose-fitting pants fell while in custody after a police confrontation lost Friday his appeal in which he claimed the evidence should have been suppressed.
Justices to hear cell location history case in Anderson
The Indiana Supreme Court will travel north to Madison County later this month to hear an oral argument regarding how and when law enforcement may obtain historical cell phone location information in criminal investigations.