The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.
The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.
The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.