Appeals court tosses 1 of man’s 6 drug convictions
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
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Man ineligible to bring belated appeal
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
Defendant not at fault for failing to timely appeal
The Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to his attorney’s death from cancer shortly after the sentencing hearing.
Lengthy gun sentence affirmed in 2011 hotel standoff
A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.
Appeals panel voids gun conviction, cuts child porn sentence
An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.
7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.
Class A felony sentences not inappropriate under Appellate Rule 7(B)
Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
COA: Man knowingly pleaded guilty to fraud charge
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.
Man gets 90 years for murder of girlfriend
St. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009. This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
Man’s prior conviction doesn’t render him a career offender
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
COA to trial judges: enter restitution orders at sentencing
The Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
7th Circuit: ‘Ransom demand’ requires third-party involvement
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
Entering a guilty plea is not a mitigating factor, COA rules
Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.
Court affirms murder conviction of man who killed stepdaughter
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
Admission of violation is too little to revoke probation
A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.
Self-defense claim of man who killed 2 fails on appeal
An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
Judges affirm restitution order, sentence following deadly crash
A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
COA rules trial court cannot exceed scope of plea agreement
A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.
7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission
Although a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
Disfigurement sufficient to affirm aggravated battery conviction
The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.