
Josiah Swinney has successfully won well-over 100 litigated appeals. These wins include 120 cases reported in Legal Journals. Mr. Swinney has over 20 published opinions across both state and federal courts. These precedential published cases are particularly significant because they bind trial courts and can be cited to control the outcome of a case when applicable. This sustained success translates to successful litigation in courts across Indiana.
Some of Mr. Swinney’s cases include:
- Jackson v. State (Supreme Court of Indiana, 19 May 2020, 145 N.E.3d 783):
Josiah Swinney successfully defended the convictions of an officer who raped a mentally handicapped individual on multiple occasions. Jackson was charged with three counts of Level 3 felony rape for the crimes. The Supreme Court revised Jackson’s sentence to 27 years and, critically, affirmed the convictions as analyzed in Mr. Swinney’s original win in the Court of Appeals. Per Curium.
- Buchanan v. State (Court of Appeals of Indiana, 24 Apr 2019, 122 N.E.3d 969):
Josiah Swinney successfully represented an Indiana Tort Claims Act case involving a breach-of-contract claim that was submitted against the Indiana Department of Insurance. The dismissal of claims against the Putnam County Prosecutor for failure to state a claim upon which relief can be granted under Trial Rule 12(B)(6) was affirmed.
- Pinkston v. State (Court of Appeals of Indiana, 20 Oct 2021, 176 N.E.3d 592):
Josiah Swinney successfully represented a case involving a triple homicide, robbery, and criminal recklessness in Allen County, Indiana. Issues included: Challenges to each conviction, challenges to the sentence, and whether evidence of the weapon could be admitted. Josiah also successfully represented the accomplice liability jury issue.
- Ind. BMV v. McClung (Court of Appeals of Indiana, 12 Dec 2019, 138 N.E.3d 303):
Josiah Swinney handled a civil dispute that determined the trial court acted contrary to law when it denied the BMV’s motion to correct error. Chief complaints involved the permitted duration of specialized driving privileges and interpretation of ambiguous driving laws. The trial court’s judgment was reversed and remanded.
- Evans v. State (Court of Appeals of Indiana, 20 Aug 2019, 132 N.E.3d 925):
Josiah Swinney handled convictions for two counts of Class A felony child molestation and two counts of Level 1 felony child molestation. The defendant claimed the convictions violated double jeopardy laws. Josiah successfully argued for the denial of double jeopardy law violation as the crimes were distinct. The denial was affirmed by the court.
- Wilson v. State (Court of Appeals of Indiana, 23 Oct 2019, 135 N.E.3d 171):
Josiah Swinney handled an appeal following Wilson’s guilty plea for two counts of Level 1 felony child molestation and one count and Level 4 felony child molestation. Wilson claimed his sentence was inappropriate in light of the nature of the offenses and that the Level 4 child molesting conviction exceeded the maximum sentence authorized by law. Wilson’s sentence was successfully deemed not inappropriate, and the court remanded the sentence that exceeded the statutory maximum for a Level 4 felony.
- Morgan v. State (Court of Appeals of Indiana, 30 Dec 2020, 163 N.E.3d 329):
Josiah successfully represented the appeal of a conviction involving a sentence for murder, alteration of the crime scene, Level 6 felony obstruction of justice, class B misdemeanor marijuana possession, and Class C misdemeanor possession or consumption of alcohol. Case issues: whether the evidence is sufficient to sustain a murder conviction, whether the sentence is inappropriate in light of the defendant’s offenses and character, and whether the trial court abused its discretion in denying motion related to alleged juror misconduct. The case was successfully affirmed.
- Woodcock v. State (Court of Appeals of Indiana, 28 Jan 2021, 163 N.E.3d 863):
Josiah Swinney successfully defended against the appeals following John Woodcock’s conviction of murder, a felony, and a Level 5 felony for battery with a deadly weapon. Woodcock claimed his conviction violated double jeopardy law, that his conviction for battery was based upon insufficient evidence, and that his sentence was irreflective of his character and the nature of the offenses. The appeals were successfully denied and the conviction was affirmed.
- Demby v. State (Court of Appeals of Indiana, 16 Feb 2021, 203 N.E.3d 1035):
Josiah Swinney defended the convictions of an individual who was charged with battery, attempted murder, and aggravated battery after a home invasion robbery involving his ex-girlfriend and her daughter. The defendant argued his convictions were in violation of the prohibition against double jeopardy. The Court of Appeals determined only the aggravated robbery violated double jeopardy law, while the remainder of his convictions were affirmed.
- Holmes v. State (Court of Appeals of Indiana, 25 Jan 2019, 121 N.E.3d 143):
Josiah handled the conviction of a Level 5 felony for habitual traffic violation. Holmes was filed for notice of probation violation due to a lack of compliance with the work release agreement. Homes appealed, claiming the trial court abused its discretion when it ordered him to serve his sentence in the Department of Correction. The conviction was successfully affirmed.
- Bush v. State (Court of Appeals of Indiana, 31 Jan 2019, 121 N.E.3d 153):
Josiah Swinney handled an appeal claiming that the trial court was wrongful to order an individual to serve the remaining balance of his previously suspended sentence at the Department of Correction. The individual pleaded guilty to Level 6 felony fraud and Level 6 felony possession of marijuana, and was subsequently placed on probation. Probation agreement terms were violated in numerous instances. The Court of Appeals affirmed the enforcement of the previously suspended sentence.
- Duke v. State (Court of Appeals of Indiana, 06 Mar 2019, 123 N.E.3d 700):
Josiah Swinney handled an appeal for the conviction of burglary of a repeat offender. The defendant claimed his sentence is inappropriate in light of the nature of the offense and his character. Josiah’s case was successfully dismissed as it was determined the defendant previously waived the right to appeal during the sentence hearing.
- Davidson v. State (Court of Appeals of Indiana, 29 Mar 2019, 123 N.E.3d 727):
Josiah Swinney successfully defended a conviction involving in-home detention violation. Harley Davidson was granted three years of in-home detention after serving three years at the Department of Correction for an attempted robbery. Davidson appealed the determination that he violated his in-home detention conditions. The Court of Appeals successfully affirmed the in-home detention violation.
- Clark v. State (Court of Appeals of Indiana, 30 May 2019, 124 N.E.3d 1284):
Josiah Swinney handled the appeal from an individual subject to a Level 6 felony theft conviction. The defendant claimed the conviction should be overturned since he was charged in an improper county. Josiah successfully represented the issue and the Court affirmed the venue was proper.
- Church v. State (Court of Appeals of Indiana, 27 Jan 2021, 165 N.E.3d 108):
Josiah Swinney successfully represented a robbery and battery case where a female assaulted a 91-year-old man. The defendant appealed and claimed the trial court abused its discretion and incorrectly judged her battery conviction. Josiah successfully represented the issue as her sentence was affirmed and the scrivener’s error was corrected.
- Smith v. State (Court of Appeals of Indiana, 05 Jun 2019, 129 N.E.3d 799):
Josiah Swinney successfully represented a case involving a defendant charged with a Level 3 felony for dealing and possession of methamphetamine. The defendant was arrested after selling methamphetamine to an undercover officer. He appealed and argued his sentence was inappropriate. The Court affirmed his sentence is not inappropriate.
- Westbrook v. State (Court of Appeals of Indiana, 27 Jun 2019, 129 N.E.3d 834):
Josiah Swinney handled an appeal for denial of motion to withdraw guilty pleas for two counts of murder. The defendant voluntarily admitted responsibility for the driveby shootings prior to Court hearings. The Court affirmed as no abuse of discretion by the Court was determined and no manifest injustice was shown.
- Neal v. State (Court of Appeals of Indiana, 16 Jul 2019, 131 N.E.3d 204):
Josiah Swinney successfully defended the convictions for eighteen burglary and theft charges for an individual in Franklin County. The convictions were appealed; the individual claimed the Court abused their discretion in sentencing him and that his sentence was inappropriate in light of the offenses and his character. The individual displayed a lengthy criminal record, previous probation violations, and a high risk to reoffend. The sentence was successfully affirmed given the severity of the crimes and the risk of re-offense.
- Smith v. State (Court of Appeals of Indiana, 17 Jul 2019, 129 N.E.3d 266):
Smith appealed the conviction of his Level 6 felony criminal recklessness that occurred due to an altercation in a McDonalds parking lot. He stated his charges violated double jeopardy law given his Level 3 felony for attempted aggravated battery. Josiah successfully represented the case, and the court affirmed there was no violation of double jeopardy laws.
- Burton v. State (Court of Appeals of Indiana, 22 Jul 2019, 131 N.E.3d 211):
Josiah Swinney successfully represented an appeal from the defendant regarding her conviction of Level 2 felony dealing methamphetamine, Level 4 felony methamphetamine possession, and Level 6 felony of maintaining a common nuisance. The defendant had 27.25 grams of methamphetamine, plastic baggies, scales, and various other paraphernalia in her possession at the time of the arrest. The judgment was successfully affirmed given the severity of her crime and her previous criminal record.
- Williams v. State (Court of Appeals of Indiana, 08 Aug 2019, 132 N.E.3d 910):
Josiah Swinney handled a case involving a Level 4 felony in narcotic drug dealing, a Level 5 felony reckless homicide, and Level 6 felony of crime scene alternation. Charles Williams gave Ashley Blatz heroin in exchange for heroin that was laced with fentanyl; she died soon after, and he disposed of her body in a nearby ditch. The defendant appealed his convictions and argued it was unlawful to impose consecutive sentences on the dealing and reckless homicide convictions. The Court successfully affirmed the sentence was lawfully established.
- Davis v. State (Court of Appeals of Indiana, 14 Aug 2019, 132 N.E.3d 915):
Josiah Swinney successfully defended the convictions for two Level 5 felonies of robbery and criminal confinement. Davis, the defendant, appealed and stated his sentence was irreflective of the nature of his offenses and his character. Given the brutality of acts against the victim, a history of criminal delinquency, and probation and parole violations, the Court affirmed Davis’ sentence.
- Tickle v. State (Court of Appeals of Indiana, 05 Sep 2019, 134 N.E.3d 60):
Josiah Swinney represented the conviction of an individual that pled guilty of operating a vehicle while intoxicated (OWI) with a prior OWI conviction, operating a vehicle as a habitual traffic violator, and being a habitual vehicular substance offender. The individual appealed his 5-year sentence, claiming it is inappropriate. Josiah successfully issued the appeal, indicating that the individual has previously been granted numerous opportunities for improvement from previous courts. The Court of Appeals affirmed the sentence.
- Miller v. State (Court of Appeals of Indiana, 10 Sep 2019, 134 N.E.3d 63):
Josiah Swinney handled an appeal to challenge the sufficiency of evidence admitted in a Class A misdemeanor battery conviction. The defendant struck his stepfather during a dispute regarding living arrangements; the stepfather incurred a laceration on his nose, a swollen eye, and a cut on his arm. Josiah successfully issued the defendant’s appeal regarding credibility of evidence. The court affirmed the battery conviction.
- Lewis v. State (Court of Appeals of Indiana, 12 Sep 2019, 134 N.E.3d 66):
Josiah Swinney successfully defended an appeal for conviction of a Level 5 criminal confinement felony. The defendant, under the influence of cocaine and alcohol, repeatedly assaulted a woman at her home. The defendant appealed the conviction and claimed the Trial Court erred in sentencing him. Josiah successfully issued the appeals, the Court reexamined case details, and the conviction was subsequently affirmed.
- Yamobi v. State (Court of Appeals of Indiana, 17 Sep 2019, 134 N.E.3d 71):
Yamobi, the defendant, appealed his conviction of intimidation and domestic battery on the basis that the bench trial exhibited insufficient evidence for the convictions. Yamobi’s partner reported detailed episodes where he threatened and abused her. Josiah successfully addressed the appeals, and the Court determined that Yamobi failed to present sufficient evidence to support his innocence. The Court affirmed the conviction.
- Boyd v. State (Court of Appeals of Indiana, 08 Oct 2019, 135 N.E.3d 158):
Josiah Swinney successfully represented an appeal for a Class B misdemeanor of disorderly conduct. Officers approached Boyd on Monument Circle when he began to yell at them; Boyd’s conduct lasted for around 45 minutes before his arrest was made. The defendant’s appeal claimed his actions were protected speech under the Indiana Constitution. The Court reviewed the constitutionality and determined the arrest and conviction were lawful. The conviction was affirmed by the Court.
- Figueroa-Estrada v. State (Court of Appeals of Indiana, 03 Oct 2019, 134 N.E.3d 90):
Josiah Swinney successfully represented a case involving felony charges for kidnapping, resisting law enforcement, criminal confinement, and a misdemeanor for carrying a handgun without a license. The defendant kidnapped two women and held them for ransom, then subsequently resisted arrest. The convictions were appealed on the basis of the continuous crime doctrine and the defendant contended his sentence was inappropriate. The Court affirmed the convictions.
- Hudson v. State (Court of Appeals of Indiana, 13 Nov 2019, 138 N.E.3d 974):
Josiah Swinney represented a case involving a Level 3 felony armed robbery conviction. Hudson held the victim at gunpoint in a restaurant parking lot and instructed the victim to empty his wallet. The conviction was appealed on the basis of insufficient evidence. Josiah successfully issued the appeal as the Court affirmed that video surveillance and telephone records were sufficient for conviction.
- Conrad v. State (Court of Appeals of Indiana, 20 Dec 2019, 139 N.E.3d 752):
Josiah Swinney handled a case involving a Level 4 felony child molestation. Conrad sexually assaulted a 12-year old after they returned home from a funeral. The conviction was appealed as Conrad claimed the prosecutor engaged in misconduct that amounted to fundamental error. The prosecutor’s conduct within the hearing was deemed lawful and the sentence was successfully affirmed.
- McCormack v. State (Court of Appeals of Indiana, 16 Oct 2019, 135 N.E.3d 165):
McCormack was convicted of Level 6 felony receiving stolen auto parts and determined to be a habitual offender. The offender appealed on the basis of insufficient evidence; Josiah successfully defended the case by confirming the presence of sufficient evidence.
- Davis v. State (Court of Appeals of Indiana, 29 Oct 2019, 135 N.E.3d 178):
Davis drove while intoxicated and refused a chemical breath test. He was charged with Class A misdemeanor OWI with endangerment, Class C misdemeanor OWI, and three infractions. Josiah successfully defended the case as the trial court affirmed Davis’ charges following his petition for a review of his license suspension.
- Lucas v. State (Court of Appeals of Indiana, 20 Nov 2019, 138 N.E.3d 981):
Lucas was convicted of a level 4 felony sexual misconduct after engaging in sexual intercourse with a 14-year-old boy. Josiah successfully defended the case as Lucas petitioned that her charge was too harsh and was based on insufficient evidence. The court affirmed and declined her petition.
- Dean v. State (Court of Appeals of Indiana, 03 Dec 2019, 139 N.E.3d 719):
Dean was convicted for sexually abusing his nine-year-old stepdaughter and her younger sister. He appealed his 8-year sentence length for Level 4 felony child molesting. The case was successfully represented by Josiah Swinney and the court affirmed the original sentence.
- Hensley v. State (Court of Appeals of Indiana, 09 Dec 2019, 139 N.E.3d 729):
Ryan K. Hensley stole a scooter from an individual and threatened his victim with a knife. He was charged with level 3 felony attempted robbery while armed with a deadly weapon. Hensley appealed and argued for insufficient evidence. Josiah Swinney successfully defended the case and the court affirmed after determining sufficiency of evidence.
- Bostic v. State (Court of Appeals of Indiana, 10 Dec 2019, 139 N.E.3d 731):
Bostic pled guilty to Level 6 felony resisting law enforcement after leading officers on a high-speed automobile chase. Bostic was sentenced to 750 days in jail, but appealed with the belief his sentence is inappropriate in light of the nature of his offense. Josiah successfully defended the appropriateness of his sentence and the court affirmed.
- Garcia v. State (Court of Appeals of Indiana, 10 Dec 2019, 139 N.E.3d 733):
Garcia was arrested for a domestic burglary and sentenced to 30 years of incarceration after pleading guilty. He petitioned that his sentence was inappropriate. Josiah successfully defended the appropriateness of his sentence as Garcia’s previous record of 5 misdemeanors and 3 felonies was considered. The court affirmed.
- Adams v. State (Court of Appeals of Indiana, 11 Dec 2019, 139 N.E.3d 734):
Adams committed multiple crimes including theft and identity deception. He was convicted of Level 6 felony resisting law enforcement, Level 6 felony auto theft, Level 6 felony identity deception, and Level 4 felony burglary and sentenced to a 9 and one-half prison sentence. Adams challenged the verdict and argued that the trial court abused its discretion in admitting evidence. Josiah Swinney successfully represented the case and the trial court affirmed.
- Hayes v. State (Court of Appeals of Indiana, 18 Dec 2019, 139 N.E.3d 746):
Hayes, a twenty-one-year-old, engaged in sexual intercourse with a girl between the ages of fourteen and 16 at the time of their relationship. He was charged with five counts of felony sexual misconduct. He petitioned for a bond reduction as the initial bond was set to $50,000. Josiah Swinney successfully defended the case and the court affirmed that the bond was appropriate for five counts of felony sexual misconduct.
- Morales v. State (Court of Appeals of Indiana, 18 Dec 2019, 139 N.E.3d 743):
Morales was convicted of Level 1 felony attempted murder after an altercation with a close friend. Josiah successfully represented the case as Morales appealed the decision on the basis that the court used information that was not supported by evidence. The trial court affirmed his sentence and Josiah successfully reasoned for the sufficiency of evidence.
- Callantine v. State (Court of Appeals of Indiana, 19 Dec 2019, 139 N.E.3d 748):
Callantine raped and confined his victim, then was convicted of Level 1 felony rape and Level 6 felony criminal confinement while armed with a deadly weapon after a jury trial. Callantine appealed on the basis of the trial court abusing its discretion and whether the sentence is appropriate in light of his offenses. Josiah Swinney successfully confirmed the state was without error in the case and that his sentence was appropriate. The court affirmed.
- Jackson v. State (Court of Appeals of Indiana, 31 Dec 2019, 139 N.E.3d 764):
Thomas Jackson raped a mentally handicapped woman. He appealed his convictions and sentence for three counts of Level 3 felony rape on the basis of sufficiency of evidence, whether the court abused its discretion, and whether his sentence is appropriate. Josiah successfully defended the case as the court affirmed his original sentence.
- Ramirez v. State (Court of Appeals of Indiana, 23 Jan 2020, 140 N.E.3d 890):
Ramirez killed an individual and severely injured two other individuals after a motor vehicle accident where he was found intoxicated. He was charged with operating a vehicle with an alcohol concentration above .15 of alcohol causing death, a Level 4 felony, and two counts of operating a vehicle with above a .08 alcohol concentration causing serious bodily injury, Level 6 felonies. He appealed his sentence and raised the issue of whether the court abused its discretion in using a material element of the offense as an aggravating factor. Josiah Swinney successfully defended the case and the court affirmed.
- Drones v. State (Court of Appeals of Indiana, 24 Jan 2020, 140 N.E.3d 890):
Drones, along with family, drove to another relative’s house, and executed an armed robbery. She was charged with Level 2 felony attempted robbery resulting in serious bodily injury, Level 3 felony attempted armed robbery, and Class A misdemeanor false informing. She argued that the court erred by denying her motion for continuance. Josiah Swinney successfully represented the State and the court affirmed.
- Cook v. State (Court of Appeals of Indiana, 29 Jan 2020, 140 N.E.3d 896):
Cook was found guilty of dealing narcotics and cocaine, and possession of narcotics, cocaine, and marijuana. He was additionally a habitual offender. Cook appealed his charges pertaining to his arrest, arguing the court abused its discretion and that there was insufficient evidence to charge him with dealing. Josiah Swinney successfully represented the case and the court affirmed the initial convictions.
- Shepherd v. State (Court of Appeals of Indiana, 31 Jan 2020, 140 N.E.3d 905):
Shepherd beat his child until their death. He was charged with voluntary manslaughter, a Level 2 felony, aggravated battery, a Level 1 felony, battery resulting in death to a person less than fourteen years old, a Level 2 felony, and battery resulting in bodily injury to a person less than fourteen years old, a Level 5 felony. Shepherd appealed his charges on numerous issues; each of these issues were successfully refuted by Josiah Swinney. The court subsequently affirmed the initial convictions.
- Allen v. State (Court of Appeals of Indiana, 31 Jan 2020, 140 N.E.3d 902):
Allen molested his 8-year-old granddaughter and 6-year-old stepgranddaughter. He pled guilty to class A felony child molesting and level 4 felony child molesting, then appealed his 55-year sentence by arguing that the sentence length is inappropriate. Josiah Swinney successfully represented the case and the court affirmed.
- Garcia-Johnson v. State (Court of Appeals of Indiana, 05 Feb 2020, 141 N.E.3d 398):
Garcia-Johnson was a convicted felon found with possession of a firearm. He was charged for the firearm possession with a Level 4 felony. Josiah successfully represented the case after Garcia-Johnson appealed his charges. The court affirmed the original conviction.
- Loper v. State (Court of Appeals of Indiana, 30 Mar 2020, 145 N.E.3d 153):
Loper was charged with three Level 5 felonies and three level 6 felonies. His bail was set to $50,000 surety or $5,000 cash; he appealed and argued the court abused its discretion when denying his motion to reduce bond. Josiah successfully represented the case and justified his bond amount. The court affirmed.
- Bell v. State (Court of Appeals of Indiana, 30 Mar 2020, 144 N.E.3d 791):
Bell was found carrying a handgun without a license having a previous felony conviction in the last 15 years. He was convicted of a Level 5 felony for the offense. He appealed, stating that the court violated his Fourth Amendment rights and Article 1, Section 11 of the Indiana Constitution. Josiah Swinney represented the case and defended the state’s conviction. The court affirmed the original conviction.
- McCarty v. State (Court of Appeals of Indiana, 31 Mar 2020, 145 N.E.3d 156):
McCarty’s daughter reported to authorities that he had been sexually abusing from when she was nine to sixteen. The State charged McCarty with ten felony counts. He appealed and argued for insufficient evidence and that his sentence was inappropriate. Josiah confirmed the validity of evidence and McCarty’s sentencing and the court affirmed.
- Hamrick v. State (Court of Appeals of Indiana, 15 Apr 2020, 146 N.E.3d 352):
Hamrick evaded arrest during a traffic stop after marijuana was spotted in his vehicle by police. He was charged with a Level 5 felony escape and three misdemeanor offenses. Josiah successfully defended the case as Hamrick appealed his convictions and argued that the aggregate three-year sentence was inappropriate. The court affirmed.
- Tanksley v. State (Court of Appeals of Indiana, 15 Apr 2020, 144 N.E.3d 824):
Tanksley was convicted of a Level 6 felony and Class C misdemeanor after being found in possession of methamphetamine and drug paraphernalia. He appealed and argued the court abused its discretion in admitting evidence, that the court did not provide sufficient evidence for the arrest, and that his sentence was inappropriate. Josiah Swinney successfully addressed each of the three issues which Tanksley appealed and the court affirmed.
- Douglas v. State (Court of Appeals of Indiana, 18 May 2020, 2020 Ind. App. Unpub. LEXIS 606):
Douglas robbed a 7-eleven and a White Castle on the same day while holding each establishment’s employees at gunpoint. Douglas was charged with two counts of Level 3 felony armed robbery and 32 years in the Department of Correction. Josiah successfully refuted Douglas’ appeal that his sentence was inappropriate; the court affirmed.
- Wood v. State (Court of Appeals of Indiana, 29 May 2020, 2020 Ind. App. Unpub. LEXIS 658):
Wood, a previously convicted felon, murdered an individual with a firearm. He was charged with level 4 felony unlawful possession of a firearm by a serious violent felon and level 5 felony reckless homicide. Wood challenged his sentence and Josiah Swinney successfully argued against Wood’s challenge. The court affirmed his sentence and partially remanded due to the need for a recalculation of credit time.
- Shockley v. State (Court of Appeals of Indiana, 29 May 2020, 2020 Ind. App. Unpub. LEXIS 652):
The defendant was found guilty of stealing a Chevy Avalanche and resisting law enforcement, incurring two Level 6 felonies. He made an appeal regarding two issues pertaining to the court’s procedures. Josiah Swinney successfully defended the issues Shockley stated and the court affirmed his convictions.
- Hobby v. State (Court of Appeals of Indiana, 04 Jun 2020, 149 N.E.3d 676):
The defendant faced arrest after an agent conducted a controlled purchase of cocaine from Hobby. He was then convicted of Level 4 felony dealing in cocaine and two counts of level 5 felony dealing in cocaine. He appealed, which Josiah Swinney successfully refuted. The court affirmed.
- Atwood v. State (Court of Appeals of Indiana, 10 Jun 2020, 149 N.E.3d 680):
Atwood broke into a home and committed theft. He was subsequently charged with a Level 6 theft felony. He appealed, arguing that his sentence was inappropriate. The court affirmed the original conviction as Josiah Swinney successfully defended the case.
- North v. State (Court of Appeals of Indiana, 10 Jun 2020, 149 N.E.3d 682):
North raped his stepdaughter on multiple occasions during her childhood. His stepdaughter later reported the rape events to her probation officer, leading to North’s arrest and conviction. He was charged with three counts of child molesting. He appealed with regard to his right to a speedy trial, the admission of evidence, and his sentence appropriateness. Each issue appealed was successfully defended by Josiah Swinney and the court affirmed.
- Hardin v. State (Court of Appeals of Indiana, 17 Jun 2020, 149 N.E.3d 692):
Hardin was charged with Level 6 felony battery after physically assaulting his 10-year-old relative. He appealed and argued for insufficient evidence and that the sentence was inappropriate. Josiah Swinney successfully represented the case and the court affirmed.
- Eldridge v. State (Court of Appeals of Indiana, 17 Jun 2020, 149 N.E.3d 691):
Eldridge was charged with 6 felonies and 2 misdemeanors after police officers executed a search warrant of his shed. They found methamphetamine, paraphernalia indicative of intent to sell, and narcotic drugs. Eldridge appealed, raising five issues; Josiah Swinney successfully refuted each of the five issues. His conviction was upheld as the court affirmed.
- Lopez-Smith v. State (Court of Appeals of Indiana, 19 Jun 2020, 149 N.E.3d 694):
Lopez-Smith acted aggressively and caused disturbances outside of the apartment complex she recently moved out of in Indianapolis. Upon officers’ arrival, she swung at officers and refused to comply with their requests. She appealed her convictions after she was found guilty of disorderly conduct and resisting law enforcement. Josiah Swinney successfully represented the State with regard to her appeals. The court affirmed.
- Carmen v. State (Court of Appeals of Indiana, 23 Jun 2020, 149 N.E.3d 697):
Carmen punched and broke the nose of his partner. He was charged with Level 6 felony domestic battery. He appealed, arguing that the trial court erred in denying him the opportunity to cross-examine the victim regarding her pending criminal charges. Josiah Swinney successfully defended the case and the court affirmed.
- Walton v. State (Court of Appeals of Indiana, 23 Jun 2020, 149 N.E.3d 700):
Walton, a prisoner of Indiana State Prison, physically assaulted an officer during transport. He was charged with Level 6 felony battery and appealed due to the denial of his motion for a mistrial. Josiah Swinney successfully defended the court’s judicial processes and the court subsequently affirmed.
- Hemmingway v. State (Court of Appeals of Indiana, 14 Jul 2020, 150 N.E.3d 1085):
Hemingway was found guilty of molesting her five-year-old son. She appealed that her 38-year sentence was inappropriate. Josiah successfully represented the case and the court affirmed her sentence.
- Carter v. State (Court of Appeals of Indiana, 15 Jul 2020, 150 N.E.3d 1086):
Carter was convicted of dealing heroin and cocaine – a level 2 and 3 felony. Carter appealed and argued that there was insufficient evidence indicating an intent to sell. The conviction was affirmed as Josiah Swinney helped justify the case.
- Faridi v. State (Court of Appeals of Indiana, 16 Jul 2020, 150 N.E.3d 1089):
The defendant was convicted of sexually assaulting and raping his two stepdaughters. Faridi was charged with three counts of felony child molesting. In an appeal, he argued that an alternative perpetrator was responsible for the crimes. Josiah Swinney successfully represented the case and helped resolve the issues appealed. The court affirmed.
- Lee v. State (Court of Appeals of Indiana, 28 Jul 2020, 150 N.E.3d 1104):
During a traffic stop for a speeding violation, Lee evaded police and drove away on his motorcycle. After crashing the motorcycle, Lee was detained and numerous bags containing marijuana were found within the motorcycle’s compartments. Lee was charged with Level 6 Felony Resisting Law Enforcement, Class A Misdemeanor Dealing in Marijuana, Class B Misdemeanor Possession of Marijuana, and Class C Misdemeanor Reckless Driving. He appealed and argued that there was insufficient evidence for his dealing arrest. Josiah Swinney successfully represented the case and the court affirmed the initial convictions.
- Keller v. State (Court of Appeals of Indiana, 31 Jul 2020, 150 N.E.3d 1109):
Keller severely abused his fiance’s eighteen-month-old and ten-month-old children, leaving them with injuries likely to leave permanent neurobiological damage. He was charged with four counts of Level 3 felony aggravated battery and sentenced to 16-year consecutive terms for each of the counts. He appealed the issue of whether the court properly compounded his sentences. Josiah Swinney successfully handled the justification of his sentencing and the court affirmed.
- Osborn v. State (Court of Appeals of Indiana, 24 Aug 2020, 152 N.E.3d 1083):
Osborn, an inmate at a security center, physically assaulted officers of the facility. He was charged with two counts of Level 6 felony battery against a public safety official. He appealed and argued his sentence was inappropriate. Josiah successfully represented the case and the court affirmed.
- Lairson v. State (Court of Appeals of Indiana, 31 Aug 2020, 152 N.E.3d 1092):
The defendant beat his girlfriend to death in their home. He denied responsibility, but was found guilty of murder. He appealed and argued that the court erred and did not inform the jury on reckless homicide. Josiah Swinney successfully handled his complaint and the court affirmed his conviction.
- Hillman v. State (Court of Appeals of Indiana, 22 Sep 2020, 155 N.E.3d 674):
Hillman was found in possession of a firearm despite his status as a serious violent felon. He was charged with a Level 4 felony. He raised three issues in his appeal, each of which Josiah Swinney successfully refuted. The court subsequently affirmed.
- Vanryn v. State (Court of Appeals of Indiana, 30 Sep 2020, 155 N.E.3d 1254):
Vanryn was charged with felonies for aggravated battery and domestic battery. The victim was his girlfriend’s two-year-old son. He appealed and argued that there was insufficient evidence, an abuse of discretion by the court, and an inappropriate sentence. Josiah Swinney successfully represented the case and the court proceeded to affirm.
- Hill v. State (Court of Appeals of Indiana, 02 Oct 2020, 157 N.E.3d 1225):
Hill killed two women by crashing his car into their vehicle. He was charged for two counts of reckless homicide, but argued that his conviction violated double jeopardy laws. Josiah Swinney successfully argued that his case did not violate double jeopardy laws in any way. The court affirmed.
- Echard v. State (Court of Appeals of Indiana, 30 Oct 2020, 157 N.E.3d 1261):
Echard was convicted of Level 1 felony child molestation and for being a habitual offender following an event where he sexually assaulted a thirteen-year-old relative. He appealed and argued that his sentence was inappropriate. Josiah Swinney successfully represented the case as the court affirmed that his sentence was indeed appropriate.
- Ewing v. State (Court of Appeals of Indiana, 06 Nov 2020, 161 N.E.3d 1242):
Ewing was found guilty of dealing a narcotic drug, a Level 2 felony, and admitted to being a habitual offender. He argued that the court abused its discretion in the admission of evidence and that the evidence shown is insufficient to indicate an intent to sell. Josiah Swinney represented the case and successfully argued against Ewing’s claims. The court affirmed.
- McFarling v. State (Court of Appeals of Indiana, 16 Nov 2020, 161 N.E.3d 1248):
The defendant was charged with a Level 6 felony and Class B misdemeanor for operating a vehicle while intoxicated and leaving the scene of an accident. She was also noted to be a habitual vehicular substance offender. McFarling argued that she did not waive her right to appeal the admission of evidence from her traffic stop, though Swinney successfully refuted her claim by stating she did not object when the evidence was offered at trial. The court affirmed.
- Baugh v. State (Court of Appeals of Indiana, 17 Nov 2020, 161 N.E.3d 1249):
Officers arrested Baugh appealed his conviction for dealing in methamphetamine out of his home. Baugh claimed that the evidence was insufficient for his arrest and that his convictions violated double jeopardy. Josiah Swinney helped determine that the evidence made Baugh’s intent to sell very clear. Swinney also successfully argued that no double jeopardy laws were violated in this case. The court affirmed.
- McIntosh v. State (Court of Appeals of Indiana, 18 Nov 2020, 161 N.E.3d 1252):
McIntosh was arrested for murdering a relative that lived in his household. Upon conviction, McIntosh argued that the court demonstrated fundamental attribution error when instructing the jury. Josiah successfully retired his claim and the court affirmed.
- Wilson v. State (Court of Appeals of Indiana, 30 Nov 2020, 160 N.E.3d 222):
Wilson murdered another individual in her apartment and was charged with murder. Josiah Swinney successfully refuted her appeals as she claimed to murder out of self-defense. The court affirmed.
- Burget v. State (Court of Appeals of Indiana, 08 Dec 2020, 163 N.E.3d 290):
Burget was living with a childhood friend, but she ordered him to leave after finding him smoking ‘crack’ cocaine. He responded by throwing her against the wall, strangling her on the floor, then holding her captive for multiple hours before her escape. Burget was charged with three felonies for criminal confinement, intimidation, and strangulation. He argued his 36-year sentence was inappropriate, but Josiah Swinney successfully argued for the validity of his sentence. The court affirmed.
- Witherspoon Jr. v. State (Court of Appeals of Indiana, 23 Feb 2021, 167 N.E.3d 699):
Witherspoon Jr. was found guilty of Level 1 felony child molesting and Level 4 child molesting for acts committed toward his 10-year-old son. He appealed and argued that the court erroneously showed the jury a forensic interview of the victim. Josiah Swinney successfully refuted Witherspoon Jr.’s claims and the court affirmed.
- Davidson v. State (Court of Appeals of Indiana, 15 Mar 2021, 167 N.E.3d 719):
Davidson was found guilty of physically assaulting his mother. He was charged with a Level 5 felony domestic battery, but argued that the trial court erred in admitting testimony about his threatening comments. Josiah Swinney successfully represented the case and the original convictions were affirmed.
- Gerber v. State (Court of Appeals of Indiana, 13 Apr 2021, 167 N.E.3d 792):
Gerber and his girlfriend had an altercation that resulted in his girlfriend becoming severely injured. He was convicted with a Level 6 domestic battery conviction, but argued that his conviction was inappropriate and that the court abused its discretion when it sentenced Gerber for the contempt adjudication. Josiah Swinney successfully confirmed the validity of Gerber’s sentence and that the court did not abuse its discretion in any way. The court affirmed.
- Albert v. State (Court of Appeals of Indiana, 30 Apr 2021, 168 N.E.3d 1076):
After Albert and his wife had a physical altercation, the police were called. When Albert was put under arrest, he was noncompliant with officers, and was subsequently charged with a Class A misdemeanor for resisting law enforcement. He argued that there was insufficient evidence for his conviction, but Josiah Swinney successfully confirmed the validity of the admitted evidence. The court affirmed.
- Banks v. State (Court of Appeals of Indiana, 04 May 2021, 171 N.E.3d 627):
Banks instigated a robbery in Peru, Indiana, and was charged with Level 5 felony aiding, inducing, or causing burglary. He argued that the evidence did not sufficiently prove his involvement in the robbery. Josiah Swinney confirmed his involvement in the crime and the court affirmed.
- S.M. v. State (Court of Appeals of Indiana, 17 May 2021, 171 N.E.3d 649):
S M, a juvenile, was arrested for committing auto theft and domestic battery. The Department of Correction was awarded her guardianship, though she appealed that this was not in her best interest. Josiah successfully argued that this is the wisest option for S M and the court affirmed.
- J.K. v. State (Court of Appeals of Indiana, 31 Jan 2020, 140 N.E.3d 900):
J K was given a disposition order from the juvenile court for committing conversion, but J K appeals on the basis that the evidence for his order is sufficient. Josiah successfully refuted the defendant’s claims and confirmed J K’s responsibility of auto theft. The court affirmed.
- Triblet v. State (Court of Appeals of Indiana, 25 May 2021, 169 N.E.3d 430):
During a traffic stop for expired plates, Triblet, a serious violent felon, was searched and found to be in possession of a firearm. Triblet was convicted of a Level 4 felony for the possession, but argued that the court abused its discretion in denying his motion to suppress evidence of the handgun. Josiah Swinney Successfully addressed Triblet’s appeal and the court affirmed.
- Hill v. State (Court of Appeals of Indiana, 09 Jun 2021, 169 N.E.3d 1150):
Hill was stopped by a police officer after a man matching his description was reported for using counterfeit bills for payment at multiple nearby convenience stores. During his stop, he lied about his identity and was found carrying methamphetamine. He appealed his four felony convictions by arguing that his search and seizure violated his Fourth Amendment rights. Josiah Swinney successfully defended the case and explained that Hill’s Fourth Amendment rights were preserved during the search and seizure. The court affirmed.
- Andry v. State (Court of Appeals of Indiana, 21 Jul 2021, 172 N.E.3d 700):
Andry was convicted of murder and aggravated battery upon the killing of ‘one of’ her boyfriends. She argued that a witness testimony was unreliable and that her sentence was inappropriate. Josiah Swinney successfully refuted her arguments and the court affirmed.
- Perry v. State (Court of Appeals of Indiana, 28 Jul 2021, 172 N.E.3d 710):
Perry was convicted of Level 6 felony invasion of privacy for acts committed against his wife during his no-contact order. He argued that the court violated the Indiana Evidence Rule 404(b) during his trial, though Josiah Swinney refuted this claim. The court affirmed.
- Brooks v. State (Court of Appeals of Indiana, 03 Aug 2021, 173 N.E.3d 1050):
Brooks murdered an acquaintance using an AK-47 assault rifle. He was convicted of murder and an enhancement for the use of the firearm in the offense after a jury trial. He appealed and argued that the court abused its discretion in the admission of evidence and in the denial of Brooks’s motion for mistrial. Josiah Swinney successfully represented the State in light of Brooks’s appeal and the court affirmed.
- Smith v. State (Court of Appeals of Indiana, 29 Sep 2021, 175 N.E.3d 366):
Smith was charged with child solicitation, a Level 5 felony, after he had sexual conversations and sent explicit images to a fictitious 15-year-old female on Facebook. He argued that his sentence was inappropriate, though Swinney successfully defended the validity of his conviction. The court affirmed.