Articles

Mother’s neglect conviction vacated under double jeopardy rule

The Indiana Court of Appeals “regrettably” reversed one of a mother’s conviction for neglect after her baby was found to have been dead for two days before being taken to the hospital, finding that one of the woman’s neglect convictions violated her right to be free from double jeopardy.

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Conviction vacated for man who opened fire over iPad

A man who opened fire in a busy Indianapolis intersection after he claimed he was trying to make a citizen’s arrest of a suspected iPad thief was improperly convicted of one of two charges that may have constituted double jeopardy, the Indiana Court of Appeals ruled Wednesday.

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COA: Errant CCS judgment entry can’t void murder retrial

The Indiana Court of Appeals ruled that retrials are not barred if a judgment of conviction is erroneously entered on a chronological case summary, letting stand a murder conviction after the retrial of a man charged with the death of his girlfriend’s infant daughter.

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Justices vacate juvenile gun adjudication as double jeopardy

Indiana Supreme Court justices affirmed in part a Marion Superior Court decision on Monday that found a 16-year-old delinquent. Justices affirmed the teen’s dangerous possession of a firearm adjudication but vacated his adjudication for carrying a handgun without a license, as both the state and defense agreed it constituted double jeopardy.

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Confinement conviction reversed; robbery, burglary counts stand

Burglary and robbery convictions against a man convicted in a Marion County break-in will stand, but related criminal confinement convictions must be vacated because the confinement was “part and parcel” of the underlying robbery, the Indiana Court of Appeals ruled Friday.

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COA tosses some fatal-chase convictions as double jeopardy

A man who fled police and killed one person and injured two others during a pursuit will only retain one conviction each of resisting law enforcement and leaving the scene of an accident after the Indiana Court of Appeals found his multiple convictions violated double jeopardy.

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