Killer’s murder, arson convictions affirmed on appeal
A Vigo County man convicted of killing a woman and then setting fires in an attempt to cover up the evidence lost his bid to have some of his convictions overturned Tuesday.
Felony
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Appeals panel affirms denial of drug suppression after vehicle search
A man arrested after police ordered him to exit his parked car when officers smelled burned marijuana could not convince the Indiana Court of Appeals that the evidence of drug possession should be suppressed at his criminal trial.
COA: Syringe offense not subject to felony enhancement
A felony enhancement against a Clinton County man convicted of possessing a syringe must be dismissed after the Indiana Court of Appeals found the man’s offense is not subject to an enhancement.
Indiana collecting more DNA samples after new law
A new Indiana law is adding thousands of new samples to the state’s DNA database. The Indiana State Police lab has had an average of 4,200 DNA samples tested each month this year through March, up from 1,100 a month last year.
Appellate court upholds conviction in killing of man’s girlfriend, unborn baby
The Indiana Court of Appeals has upheld a murder conviction against a man who killed his girlfriend and unborn child, finding the warrantless search of his girlfriend’s apartment did not violate his state or federal constitutional rights.
Senate panel advances bill to narrowly define out-of-state felonies
A bill that would more narrowly define how out-of-state felonies are treated in Indiana sentencing matters passed its first hurdle in the Indiana Senate.
Fruits of poisonous tree reverse child molesting convictions
A Blackford County man who admitted to molesting two children living in his apartment will have his convictions reversed after the Indiana Court of Appeals determined his incriminating statements were inadmissible under the fruits of the poisonous tree doctrine.
Indiana man gets prison term for selling guns in Illinois
An Indiana man has been sentenced to eight years in federal prison for bringing guns and ammunition across state lines and illegally selling them to people in Chicago and the south suburbs.
House to consider stricter definition of out-of-state Level 6 felony
A bill that would change how Indiana’s courts treat out-of-state felonies during sentencing will come before the full Indiana House of Representatives for a vote Tuesday.
Indiana law for felony arrest DNA collection takes effect
Indiana authorities are now required under a new state law to collect a DNA sample from those who are arrested for a felony crime.
Justices: 2015 habitual offender law set 10-year limit for past low-level felonies
The 2015 version of Indiana’s habitual offender statute requires an offender to have been released from all lower-level felonies within 10 years to establish a habitual offender enhancement, the Indiana Supreme Court. Justices reversed a trial court that overruled a reversal of a defendant’s objection to his habitual offender charges.
7th Circuit upholds Armed Career Criminal Act sentence
An Indiana man sentenced to 15 years under the Armed Criminal Career Act has lost his appeal of his sentence after the 7th Circuit Court of Appeals determined he met the requirements of three prior violent offenses to warrant the Act’s mandatory 15-year minimum.
COA: Trial court must impose probation fees for felonies
The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.
Review: Program to help offenders with mental health, addiction issues working
A two-year-old state program to improve recovery and reduce recidivism of felony offenders who have drug and alcohol addictions or mental health issues has shown positive initial results, according to a review of the program.
Robbery convictions upheld despite failure to swear potential jurors
The 7th Circuit Court of Appeals has upheld a man’s robbery-related convictions despite the district court’s initial failure to administer an oath of truthfulness to potential jurors, finding such an oath is not explicitly required.
Ind. Supreme Court to decide if evidence errors mean drug convictions should be tossed
The Indiana Supreme Court has agreed to decide whether errors in the admission of certain evidence during a man’s drug trial warrant reversal of the man’s multiple drug convictions.
COA: Illinois and Indiana aggravated battery statutes not substantially similar
The Indiana Court of Appeals has reversed a man’s felony conviction of unlawful possession of a firearm by a serious violent felon after determining the Illinois aggravated battery statute used to establish the man as a serious violent felon is not substantially similar to the same statute in Indiana.
HIV-positive man loses appeal of failure to warn conviction
An HIV-positive man who failed to inform his sexual partner of his AIDS diagnosis and consequently transmitted HIV to her has lost the appeal of his conviction of failure to warn after the Indiana Court of Appeals found sufficient evidence to support that conviction on Monday.
Criminal code reform packs jails with Level 6 felony inmates
Nearly half the people housed in Indiana jails were there on a low-level felony charge, and in some counties, this population by itself exceeded the capacity of local jails.
COA: adoption consent not required from father convicted of Class C felony
In affirming the adoption of a child without the father’s consent, the Indiana Court of Appeals found the “plain and ordinary meaning” of the state statute allowed the trial court to take into account the parent’s prior criminal acts.