COA rules trial court cannot exceed scope of plea agreement
A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.
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Toxicology lab witness’s failure to appear dooms drunken-driving conviction
A Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana Court of Appeals ruled Monday.
Judges reduce sentence due to ineffective trial counsel
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
Indianapolis police officer’s trial moved to Allen County
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.
In affirming DUI on appeal, judges include predictive warning
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.
Floyd County attorney charged with drunken driving
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
Judges uphold sentence, but revise original opinion
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.
Traffic stop based on companion’s statement did not violate constitutional protections
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.
Justices reverse COA, hold state’s appeal timely
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
Bisard asks Supreme Court to rule on blood-draw admissibility
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.
Divided court affirms sentence that exceeds statutory authority
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.
Court correctly ruled toxicology department audit results ‘irrelevant’
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.
Man’s additional charges should have been dismissed
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.
Trial court has no authority to alter man’s conviction
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.
Judges affirm drunk-driving conviction
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
Drunken driving conviction affirmed; lesser included charge vacated
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.
Judges reverse football player’s operating while intoxicated conviction
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.
Defendant’s fleeing justifies delayed arrest
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
COA reverses trial court in OWI case
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
COA: post-conviction proceedings not equivalent to civil proceedings
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.