The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions.
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.
A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.
A man’s felony conviction was overturned after a split Indiana Court of Appeals ruled that the detective’s testimony about how he identified and found the man was inadmissible hearsay.
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.
A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.