COA affirms trial court in felony neglect case
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
Felony
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Former IURC chairman indicted
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
Man gets 326 months imprisonment, lifetime supervision for child pornography
U.S. Judge Robert Miller Jr. sentenced an Elkhart man to 326 months in prison and a lifetime of supervised release after his guilty plea to sexually exploiting children.
Supreme Court to hold arguments in St. Joseph County
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
Adding UPL to Indiana RICO statute
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
Lawmakers discuss sentencing
Proposed changes would reclassify drug crimes and emphasize county oversight.
Lawmakers taking second look at ‘second chance law’
Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.
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.
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.