Despite testimony discrepancies, delinquency affirmed
The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.
Resisting Law Enforcement
Articles
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: Angry shopper wrongly convicted of resisting
A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.
COA: Deputy’s hearsay wouldn’t change resisting conviction
A habitual offender convicted of resisting law enforcement could not convince the Indiana Court of Appeals on Tuesday that a trial court’s error in admitting hearsay evidence in his case made a fair trial impossible.
COA: State has no burden to prove sanity
A man who unsuccessfully pursued an insanity defense failed to convince the Indiana Court of Appeals that the state had the burden of proving he was sane beyond a reasonable doubt in his attempted murder case.
Lack of evidence fails man’s drug, credit time appeal
The Indiana Court of Appeals affirmed a man’s sentence was not inappropriate in light of his character and found the trial court didn’t err in calculating his credit time. The panel found the man failed to provide compelling evidence for both arguments.
Justices toss 2 resisting convictions from triple-fatality
A wrong-way driver who caused the deaths of three adults and one unborn child while fleeing police had two of his three convictions for resisting law enforcement overturned after the Indiana Supreme Court determined state law allows only one conviction for each act of resisting.
Justices: One resisting conviction for fatal crash with injuries
The Indiana Supreme Court ruled that Indiana Code permits only one conviction of resisting law enforcement from a single incident, regardless of how many people are harmed in an accident.
COA rejects prosecutorial misconduct argument, upholds conviction
A woman’s conviction of resisting law enforcement was affirmed Friday by the Indiana Court of Appeals, which found no error by the trial court in denying a mistrial sought by the defense for alleged prosecutorial misconduct.
Resisting law enforcement by fleeing conviction reversed
A man convicted of resisting law enforcement has successfully appealed his conviction to the Indiana Court of Appeals, which determined the jury instruction on the “fleeing” element to his conviction was fundamental error warranting reversal.
COA remands for clarification of vague probation conditions
The Vigo Superior Court must provide a man convicted of resisting and spitting on local law enforcement officers with a written list of his specific probation conditions after the Indiana Court of Appeals found discrepancies and vagueness in the conditions provided.
Week after argument, justices uphold denial of continuance, sentence
A Floyd County man convicted of attempted residential entry and resisting law enforcement lost his appeal of his sentence and the denial of his motion for a continuance. The Indiana Supreme Court upheld the trial court’s ruling only one week after hearing oral arguments in the case.
Supreme Court to hear oral arguments in fatal chase case
The Indiana Supreme Court will decide if a man who led police on a chase that killed a driver and seriously injured two passengers can be convicted on multiple counts of resisting law enforcement after agreeing to hear the Marion County case last week.
COA tosses some fatal-chase convictions as double jeopardy
A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.
Justices to consider resisting law enforcement convictions stemming from fatal crash
A man who killed three people while driving the wrong way down Interstate 69 as he fled from police will make his case to the Indiana Supreme Court this week as to why he should not be convicted of three counts of resisting law enforcement in relation to each of his victims.
Justices affirm reversal of resisting conviction, decline to address related constitutional analysis
A man who was convicted of resisting a law enforcement officer will no longer have that conviction on his record after the Indiana Supreme Court affirmed the appellate reversal of his conviction in a Tuesday opinion.
Judges reverse resisting law enforcement conviction, citing insufficient evidence
A Fort Wayne woman’s conviction for misdemeanor resisting law enforcement was overturned Thursday by the Indiana Court of Appeals after the judges determined the state didn’t prove she fled from the police officers.
Indiana man gets 10 years for trying to run down 2 officers
A Muncie man has been sentenced to 10 years in prison for allegedly trying to run down two police officers with his car.
Delinquent findings against twins affirmed under ‘new-crime’ rule
Two teenage brothers who each attacked police officers trying to conduct pat-down searches were properly found to be delinquent for their acts under the new-crime exception to the exclusionary rule, the Indiana Court of Appeals ruled Friday.
Supreme Court: Rules of Evidence allowed admission of gun
In a decision reaffirming the notion that the doctrine of res gestae is defunct and is not grounds for admission of evidence, the Indiana Supreme Court affirmed the admission of a gun and resulting convictions in a joint Lake County resisting law enforcement and battery trial for two defendants.