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).
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Articles
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.
Appeals court rehearing affirms serious violent felon conviction
An Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana Court of Appeals held Monday.
Pair convicted in liquor store killing not entitled to DNA evidence
Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.
Judge allows Corcoran to appeal denial of habeas corpus
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
Man may not have drug sentence reduced after pleading guilty
The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
Bill reforming criminal code passes Senate committee
The first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections and Criminal Law Thursday by a vote of 8-1.
Judges reduce sentence due to ineffective trial counsel
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.