Justices consider taking case involving death of baby
The Indiana Supreme Court heard argument Thursday morning in a case involving the death of a baby, hearing testimony as to whether the baby’s father claimed the child died accidentally.
Felony
Articles
COA affirms possession of tossed firearm by felon
A man convicted of unlawful possession of a firearm by a serious violent felon after he allegedly tossed a pistol from his car during a police stop failed to convince the Indiana Court of Appeals that the evidence against him was insufficient.
COA orders judgment for insurer after fatal shooting
An insurance company is under no obligation to defend or indemnify a southern Indiana father whose son shot and killed a man on their property, the Indiana Court of Appeals ruled, reversing a trial court order denying summary judgment for the insurer.
Conviction vacated for man who opened fire over iPad
A man who opened fire in a busy Indianapolis intersection after he claimed he was trying to make a citizen’s arrest of a suspected iPad thief was improperly convicted of one of two charges that may have constituted double jeopardy, the Indiana Court of Appeals ruled Wednesday.
Justices send dismissed post-conviction case back to COA
The Indiana Court of Appeals errantly dismissed a man’s post-conviction relief case, the Indiana Supreme Court ruled, reinstating the man’s case last week and remanding it to the lower appellate court. Justices on Tuesday granted transfer in Kenny Green v. State of Indiana, 18S-PC-562, for the purpose of reinstating Green’s PCR case in the Indiana Court of Appeals with instructions to establish a briefing schedule for review of his appeal on the merits.
Man’s misdemeanor resisting conviction overturned under continuous crime doctrine
The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.
COA to hear cases at Ivy Tech Columbus, North Central
The Indiana Court of Appeals will hear traveling arguments in two cases this week, starting Tuesday in Bartholomew County with a case involving a drug-dealing conviction.
Instruction on second trial stage in gun case not prejudicial
The Indiana Court of Appeals affirmed a man’s serious violent felon conviction when it found the trial court did not commit fundamental error by instructing a jury that there might be a second phase to his case.
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.
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Habitual offender enhancement vacated for failure to inform
The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.
2 convicted in killings of 3 during drug-related robbery
Two young men have been convicted in connection with the 2017 drug-related robbery and fatal shootings of three men in an Indianapolis apartment. The Marion County Prosecutor’s Office announced Monday that Troy Ward was convicted of c three counts of murder and three counts of felony murder, while Martell Williams was convicted of charges including three counts of felony murder, among other convictions for both.
Ex-superintendent of Gary schools faces misconduct charges
The former Gary Community Schools superintendent has been charged with double-billing the district for about $1,200 in expenses. Lake County prosecutors filed felony theft and official misconduct charges on Friday against Cheryl Pruitt, who resigned as superintendent in February after a state-appointed emergency manager took over the district as it faced more than $100 million in debt.
Lawyer accused of theft from disabled held without bond amid new charges
A suspended Indiana lawyer accused of stealing hundreds of thousands of dollars from disabled and special needs clients was held without bond Tuesday in the Johnson County Jail after authorities in at least two counties had issued warrants for his arrest. Kenneth Shane Service was arrested Monday and is likely to remain behind bars until he’s transported to await court dates in three Indiana counties where he currently faces felony theft charges.
COA reverses firearm conviction after erroneous continuance
An Evansville firearm conviction against a convicted felon must be reversed after the Indiana Court of Appeals found a trial court erred in granting the state’s request for a continuance six days before trial.
Muncie man gets 101 years after trying to kill ex with bomb
A Muncie man who tried to kill his former girlfriend with a homemade bomb has been sentenced to 101 years in prison. Lionel Ray Mackey, Jr. received a maximum sentence Monday from Delaware Circuit Judge Linda Ralu Wolf on convictions from two separate trials.
Corydon man arrested after taking pellet gun into Indiana school
Authorities say a southern Indiana man has been arrested after walking into a school with a pellet gun. Harrison County Prosecutor Otto Schalk said he’s charging 29-year-old Mike Leighty, Jr. of Corydon with felony intimidation and disorderly conduct following his arrest Friday at Corydon Elementary School.
COA: Parental privilege claims fail in spanking case
The Indiana Court of Appeals affirmed a father’s battery conviction after finding he used an unreasonable amount of force when disciplining his 6-year-old child for speaking out of turn in her first-grade class.
Sheriffs, public defense task force shine spotlight on jail overcrowding
The work of law enforcement has changed dramatically in the last 30 years. But in Indiana, one aspect of local law enforcement has not: the per diem local jails receive to house, feed and transport inmates. Currently the state allocates a $35 per day, but the Indiana Sheriffs’ Association has announced plans to advocate for raising that amount to $55.
Ineffective counsel arguments in OWI appeal lack cogent reasoning
A man’s arguments on appeal from his drunken-driving conviction that he had ineffective assistance of counsel were rejected in substance and form by the Indiana Court of Appeals on Friday.