Killer’s 50-year conspiracy sentence vacated as double jeopardy
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.
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Man’s 10-year cocaine sentence upheld by 7th Circuit
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
Judges: No credit time for repeatedly violating supervised release
In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).
Recent SCOTUS decision trims identity-theft sentence
An Indiana man convicted of stealing the Social Security numbers of more than 10 people must be sentenced to less time in prison because of a recent Supreme Court of the United States decision, the 7th Circuit Court of Appeals ruled in a five-page opinion Friday.
7th Circuit: Man’s offense level for selling gun was properly increased
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
7th Circuit vacates child porn supervised-release condition
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
Judges affirm denial of credit time for man on electronic monitoring
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
Appeals court affirms multiple sex-crimes, 100-year sentence
Multiple convictions were upheld Monday against a man who had threatened, confined and sexually assaulted three Indianapolis women he picked up after offering them money for sex.
Judges reverse possession of meth, paraphernalia convictions
In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.
7th Circuit affirms above-guideline sentence for gun possession
The District Court did not abuse its discretion in sentencing a man who pleaded guilty to one count of possession of a firearm by a felon to a sentence above guidelines, the 7th Circuit Court of Appeals ruled.
7th Circuit orders judge to reconsider sentence
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
Appeals panel affirms denial of post-conviction relief
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
Criminal law committee passes pilot programs, studies
Four proposals approved during the final meeting of the Criminal Law and Sentencing Policy Study Committee appear headed for consideration during the 2014 session of the Indiana General Assembly.
Concerns exist over proposed sentencing bill
The balance struck between the opposing demands of the prosecutors and public defenders in the proposed criminal sentencing bill may be upended during the 2014 legislative session, which could force Indiana to squeeze hundreds of millions of dollars from the state budget to build a new prison.
Judge rejects Charlie White’s claim of ineffective counsel
Former Secretary of State Charlie White has been ordered to begin serving his sentence for violating Indiana’s election law after his petition for post-conviction relief was denied.
Criminal law committee sends sentencing bill to Legislature
What was called the key to making Indiana’s new criminal code work has received a nod of approval and is now headed to the Legislature.
Judges clarify late-filed amendment required reversal, not remand
On a petition for rehearing, the Indiana Court of Appeals affirmed its decision to reverse a habitual offender enhancement because the amendment to the habitual offender allegation was made after the trial started and prejudiced the defendant’s rights.
Criminal code overhaul shifts focus to sentencing
The exploding prison population was a key motivator for revising the state’s criminal code, but an independent research group has concluded the new statute will cause a quicker increase in the number of inmates.
Sniadecki’s forgery sentence suspended
Rodney P. Sniadecki, the disbarred sole practitioner from South Bend who was found guilty in September of three counts of forgery, received a suspended sentence and probation Wednesday.
State didn’t prove woman took drug while on probation
The Indiana Court of Appeals reversed the revocation of a Sullivan County woman’s probation, finding the state didn’t demonstrate that Michelle Orr Carpenter took a barbiturate while on probation.