COA delves into grammar in reversing trial court
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
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COA: enhancement isn’t an ex post facto violation
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.
COA denies Miranda rights appeal in drunken driving case
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.
Judges uphold OWI conviction
Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.
Ongoing appeal could impact IMPD officer’s case
An Indiana Court of Appeals decision from last fall could prove to be a game-changer for how the state’s largest county handles the high-profile prosecution of a police officer accused of drunk driving that resulted in one death and other injuries.
Court rules on farm tractor operation case
Farm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating a vehicle while intoxicated, according to the Indiana Court of Appeals.
Former Marion County prosecutor spokesman pleads guilty
A former spokesman for the Marion County Prosecutor’s Office has pleaded guilty to a drunk driving charge and been sentenced to jail.
Appeals court recalls OWI decision
The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.
COA divided on dismissal of OWI charges
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
Judges uphold OWI conviction
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
Felony can’t be modified to misdemeanor 9 years later
In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.
Justices adopt appellate court findings
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court
of Appeals decided on two criminal appeals.
Checkpoint doesn’t violate separation of powers
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
Justices reprimand 2 former deputy prosecutors
Two former Marion County deputy prosecutors have received public reprimands from the state’s highest court for drunken
driving incidents.
Court reverses handgun conviction
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
COA: State didn’t bring man to trial within 1 year
The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year. In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found […]
Supreme Court grants transfer to OWI case
The Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.
Deputy prosecutor fired after arrest
A deputy Madison County Prosecutor has been fired following her arrest for allegedly driving drunk. Deputy Prosecutor Janine L. Sutton was arrested for operating while intoxicated, a Class A misdemeanor.
Allen Circuit judge faces misconduct charges
The Indiana Commission on Judicial Qualifications filed misconduct charges today against Allen Circuit Judge Thomas Felts, who pleaded guilty last year to drunk driving.
COA upholds attorney’s felony conviction
The Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.