Articles

COA split on amended sentence modification statute

In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.

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Prosecutors concede 3 Buncich convictions should be vacated

Federal prosecutors concede there wasn’t enough evidence to convict former Lake County Sheriff John Buncich on three of the five wire fraud counts he was found guilty of and he should be resentenced. Prosecutors say they failed to introduce sufficient evidence of “Federal reserve payroll fund” transfers alleged in three counts of the indictment against Buncich and “the Court should vacate Buncich’s convictions on those counts.”

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Justices take 2 cases, deny 18, split over 2

Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.

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Judge’s rebuke of Flynn upends sentencing, prolongs case

A federal judge who described himself as disgusted by Michael Flynn’s behavior upended a straightforward sentencing hearing Tuesday, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”

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Lawyer facing jail time for forgery, counterfeiting

A northern Indiana lawyer could be sentenced to nearly two years in jail after she pleaded guilty Tuesday to forging a judge’s name on a phony divorce decree and sending a bogus email bearing a deputy prosecutor’s name. Jill N. Holtzclaw of Decatur pleaded guilty to Level 6 felony counts of forgery and counterfeiting Tuesday in Adams Superior Court.

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15-month prison term for Porter Co. cop who stole from police group

The former treasurer of a Valparaiso police organization has been sentenced to 15 months in prison for stealing nearly $190,000. Lawrence LaFlower told a federal judge Monday that “everything revolved around gambling,” which is why he began embezzling money from Fraternal Order of Police Lodge 165 in Valparaiso.

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On remand, divided COA again allows modification of fixed-plea sentence

A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.

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Indianapolis police major losing rank for defending convict

A high-ranking Indianapolis police officer is being stripped of his rank for writing a letter defending a man convicted of rape. Michael Jefferson had been a major who served in the command staffs of current police Chief Bryan Roach and his predecessor, but is being returned to the rank of lieutenant after writing a letter asking a judge for leniency when sentencing 58-year-old Lance Fleming, who was convicted in October of rape and attempted rape.

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‘Dirty deeds’: Ex-Trump lawyer Cohen gets 3 years in prison

Michael Cohen, President Donald Trump’s one-time fixer, was sentenced Wednesday to three years in prison for crimes that included arranging the payment of hush money to conceal his boss’ alleged sexual affairs, telling a judge that he agreed time and again to cover up Trump’s “dirty deeds” out of “blind loyalty.”

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Elkhart couple sentenced in hit-and-run that killed 3

A northern Indiana couple has been sentenced in a hit-and-run crash that killed two children and a man. Leonard Grosswiler was sentenced to 15 years, with 10 years to be served in prison and the rest in community corrections and on probation, while Penelope Grosswiler received 2 ½  years, with six months suspended to probation, in connection with the deaths of 8-month-old Dolly Thomas, 11-year-old Courtney Smith and 22-year-old Shawn Wolcott.

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Albion man pleads guilty in death of toddler

A 42-year-old Albion man has pleaded guilty to murder in the battering death of a 2½-year-old girl he was babysitting. Trevor Wert entered the plea last week in Noble Superior Court after admitting to striking Railee Ewing's head and face multiple times and kicking her in the buttocks as she was trying to leave a bathroom, sending her into the bathroom door frame.

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Indiana man pleads guilty to 1988 killing of 8-year-old girl

An Indiana man has pleaded guilty to the 1988 abduction, rape and killing of an 8-year-old Fort Wayne girl. John D. Miller pleaded guilty Friday to murder and child molestation charges in the long-unsolved killing of April Tinsley. A plea agreement calls for the 59-year-old Miller to serve 80 years in prison.

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Prosecutors recommend no jail time for cooperative Flynn

President Donald Trump’s former national security adviser provided so much information to the special counsel’s Russia investigation that prosecutors say he shouldn’t do any prison time, according to a court filing that describes Michael Flynn’s cooperation as “substantial.”

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COA denies sentence modification to parolee

A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.

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