COA affirms 5 child molesting convictions
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
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COA split over whether DCS has authority to interview sibling
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
Defendant’s argument should be made to rules committee
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
Court of Appeals points to ‘alarming trend’ in defendant’s appeal
A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.
Man to get new trial on meth, marijuana charges
An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.
Man convicted of molestation was denied fair trial
A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.
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.
Father’s confession shouldn’t have been admitted at trial
The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
Court addresses use of epidemiological evidence in med mal cases
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
COA upholds domestic battery conviction
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
Court affirms convictions of man who shot at teenagers
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
Judges rule state lacks authority to appeal dismissed case
The Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s motion to dismiss.
Defendant not harmed by refusal to grant mistrial
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
Tests not required to disprove arrestee intoxication
In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.
Judges disagree over impact of mental illness label at sentencing
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
COA: Prosecutor had ability to provide use immunity
The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.
Court of Appeals upholds murder convictions
A man convicted of two murders failed in his appeal to the Indiana Court of Appeals, which ruled Monday that a Lake Superior Court did not err in allowing testimony about conflicting statements in reference to the fatal shootings.
Court didn’t err in allowing impeachment testimony
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.