COA: woman not denied right to confrontation
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
Felony
Articles
COA finds 2007 version of statute is an ex post facto law
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
COA orders new trial for overly talkative defendant
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
Appeals court sets arguments in Camm case
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
COA orders reduced sentence in first impressions case
In reversing a sentence for a serious violent felon, the Indiana Court of Appeals has ruled that intending to commit a “crime of violence” is not, in itself, a crime of violence
Man not prejudiced by counsel’s deficient performance
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
Beyers: Law makes dishonesty legal on applications
Attorney Bill Beyers writes about a new law enacted by the Legislature that has made it easier for people with a criminal history to obtain employment.
COA rules on man’s theft conviction for third time
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
Circuit Court affirms admission of drugs, sentence
The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
Justices reduce sentence of man found asleep in office
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
COA: Evidence supports dealing conviction
The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
New law allows for restricted record access for certain crimes
A change in state law that starts Friday allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies. An Indianapolis man is already filing a petition asking the Marion Superior Court to limit access to records involving two money conversion convictions.
Justices rule vehicular flight from police is ‘violent’ felony
The nation’s highest court affirmed an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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.
High court denies rehearing in secretary of state eligibility suit
The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.
SCOTUS: Vehicular flight from police is ‘violent’ felony
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
SCOTUS rules on Indiana ‘crime of violence’ case
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
Prosecutor’s conduct leads to child-molesting conviction reversal
The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.
High court to hear insurance, drug, murder cases
The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.
Justices rule on first impression issue involving sentence modification
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.