Convictions based on ‘very same behavior’ do not violate double jeopardy
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
Criminal Confinement
Articles
Man’s sentence affirmed despite misapplication of law
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
Revised sentence modification statute not applicable in defendant’s case
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
COA reverses confinement conviction, cautions prosecution on future statements
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
Man’s criminal confinement conviction reversed, battery conviction reinstated
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
Justices reverse grant of post-conviction relief
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
Order requiring man to participate in sex offender program not unconstitutional
The Indiana Court of Appeals has found that the order requiring a man to participate in the Sex Offender Management and Monitoring program does not violate Indiana’s prohibition of ex post facto laws.
Court upholds man’s conviction for confining wife’s sister
Although a prosecutor made an inappropriate comment during a man’s trial for criminal confinement, that comment had little persuasive effect on the jury, the Indiana Court of Appeals ruled Friday. The judges affirmed Jonathan Stephens’ conviction of Class C felony criminal confinement.
Officer’s testimony about victim’s statement admissible, COA rules
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.
COA: Man’s sentence after guilty plea is illegal
The Indiana Court of Appeals reversed a man’s 10-year sentence resulting from a guilty plea for abusing his adopted teenaged children, holding that the sentence was based on an incorrect application of I.C. 35-50-1-2.
Man knowingly waived right to jury trial on all charges
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
3 of former corrections officer’s convictions upheld by appeals court
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
7th Circuit: ‘Ransom demand’ requires third-party involvement
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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.
COA reverses conviction based on continuing crime doctrine
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
7th Circuit affirms denial of habeas corpus petition
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
COA vacates conviction on double jeopardy grounds
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
COA upholds convictions in Indianapolis Hamilton Ave. murders
The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
Court of Appeals to hear arguments in Valparaiso
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
Panel criticizes late discovery introduction
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.