Above-guidelines felon-in-possession sentence upheld
The 7th Circuit Court of Appeals has upheld a man’s four-year sentence for being a felon in possession of a firearm, despite his argument that the above-guidelines sentence was erroneous.
Felony
Articles
Attorney flashes badge, gets suspension
A Vincennes attorney who pleaded guilty to reckless driving and impersonating a public servant has been suspended from the practice of law in Indiana for an indeterminate period of time.
7th Circuit affirms judgment for felon who used accomplice to buy guns
An Indiana felon who used an accomplice to purchase firearms couldn’t convince the 7th Circuit Court of Appeals that he was charged with duplicitous counts or that his sentence was improperly calculated. In July 2018, James Rogers, who had a previous felony conviction, went to a Rural King store in Bedford and handled multiple firearms […]
COA: Statement of dead man properly admitted as evidence
A northern Indiana man’s constitutional rights weren’t violated when a trial court admitted a statement from a dead witness into evidence, the Court of Appeals of Indiana has ruled.
Bill allowing Level 6 felons to go to DOC headed to governor’s desk
A bill allowing Level 6 felony offenders to serve their sentences in the Indiana Department of Correction for mental health and addiction treatment is headed for the governor’s desk.
Appellate court finds copy of video evidence properly entered as evidence in burglary case
A copy of a video originally taken by a home security device was properly entered as evidence in convicting an Indiana man of burglary, according to the Court of Appeals of Indiana.
After failed amendments, IN Senate set to vote on bill allowing Level 6 offenders in DOC
Efforts to amend a bill that would undo a key tenet of criminal justice reform legislation has failed in the Indiana Senate, setting the bill up for a final vote in the upper chamber.
Bill allowing Level 6 offenders to go to DOC heads to full Indiana Senate
A bill that would roll back a major provision of Indiana criminal justice reform legislation is headed for the full Indiana Senate, but concerns still linger over whether the state is doing its part to provide treatment to criminal offenders with mental illnesses and addictions.
Girls discover hideaway of a convicted felon at Indiana cave
A group of girls discovered the hideaway of a convicted felon at an Indiana cave, authorities said.
7th Circuit upholds denial of habeas petition, leaves Davenport question for another day
The 7th Circuit Court of Appeals was able to avoid a “thorny choice of law question” when it found that the cases cited by a federal prisoner convicted and sentenced in Missouri did not conflict with its sister circuit’s view that the offense of exhibiting weapons is a violent felony under the Armed Career Criminal Act.
Split justices eliminate proximity rule for emotional distress claims
A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.
Indiana man gets 19 years for role in plot to kill informant
An eastern Indiana man has been sentenced to 19 years in prison for his role in a failed plot that aimed to kill a police informant.
Man loses argument that COVID-19 shouldn’t have delayed his trial
A man accused of murder, who argued his right to a speedy trial was violated when the Morgan Superior Court delayed his hearing because of the COVID-19 pandemic, wasn’t able to get himself discharged from jail after the Indiana Court of Appeals found the public health emergency was sufficient to uphold the postponement.
7th Circuit denies appeal for habeas corpus relief
In a case presenting a “rare circumstance” that “few if any other federal prisoners face,” the 7th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana did not err in denying habeas corpus relief to an Indiana man on Friday. The 7th Circuit did acknowledge, however, the appellant’s argument that his counsel was ineffective by not challenging whether his drug convictions were predicates would succeed today.
Man gets 10 years for fiery crash that killed police dog
A man was sentenced Tuesday to 10 years in prison for a fiery 2019 crash that killed a police dog in northeastern Indiana.
S.C. woman charged as 3 Indiana teens die in wrong-way wreck
Three Indiana teens were killed in a crash Monday on a South Carolina interstate by a woman driving the wrong way.
COA: Search warrant not defective, but drug possession conviction reversed on double jeopardy
A search warrant that led to dealing and methamphetamine use convictions for a DeKalb County man was not defective, the Indiana Court of Appeals has ruled. But one of his convictions was reversed on double jeopardy grounds.
Former Muncie officer pleads guilty to concealing ‘inappropriate use of force’
A former Muncie police officer is facing up to three years in prison after he pleaded guilty Wednesday to intentionally concealing a fellow officer’s inappropriate use of force.
COA upholds sentence for overpass felony but splits on Rule 7(B) analysis
A man who threw a bicycle onto a major Indiana interstate has lost his appeal of his five-year executed sentence. However, his case exposed a split among the Indiana Court of Appeals on the proper analysis for determining if a sentence is inappropriate.
Informant’s face-to-face interview reversed by justices on identity concerns
An order requiring a confidential informant to undergo a face-to-face interview with defense counsel has been reversed by the Indiana Supreme Court, which found that an individual’s identity would be inherently revealed through their physical appearance at such an interview.