The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
The Indiana Judges Association is now online. The organization has created a website with information for judicial officers and the public.
Jury instructions that included the interpretation from an appellate ruling split the Indiana Supreme Court as to when trial courts should look beyond the statute.
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
The Indiana Supreme Court ordered a new trial for a man convicted of a misdemeanor gun charge after finding he presented sufficient evidence to have the jury instructed on his defense of necessity.
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
Determining the final outcome of a case may bring about feelings of apprehension and stress, and leave jurors second-guessing their decision.
In both federal and state courts, jury feedback occurs after a trial is over. Despite how helpful attorneys and jurors often find this extra step, though, it isn’t always part of the process.
The foreman of a North Carolina jury is spending 30 days in jail because he used his cellphone in the jury room.
The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.