Articles

COA finds double jeopardy in DeLaney attacker’s case

The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.

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Evidence supports elevated burglary conviction

The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.

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Court split on dismissing murder, attempted feticide charges

In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.

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7th Circuit upholds firearm conviction

The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.

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Justices uphold driver’s license suspension

The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.

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Judges reverse denial of motion to suppress

The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.

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COA: post-conviction proceedings not equivalent to civil proceedings

The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.

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Federal incarceration doesn’t count toward speedy trial clock

The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.

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Supreme Court to hold arguments in St. Joseph County

The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.

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