Long expects Criminal Code revision will get Senate approval
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.
Sentence
Articles
Trial court denied due process in revoking probation
A man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment program imposed by the court will receive a new hearing.
Consecutive sentences in drug buy case ruled inappropriate
A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.
Felon’s convictions, multiple sentence enhancements affirmed
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
‘Sovereign citizen’ gets 40-year sentence
A self-identified sovereign citizen was sentenced last week to 40 years in prison for felony convictions of kidnapping and intimidation of a witness.
Interstate defendant denied due process in hasty sentencing trip
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
High-priced Chicago firm handling Durham’s appeal pro bono
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
Proposed changes would make convicted felons serve at least 75 percent of sentence
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.
Justices order new trial for man tried in absentia
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
Prosecutor requesting life without parole for 3 defendants in Indianapolis explosion
Marion County Prosecutor Terry Curry has decided to request life sentences without parole, instead of the death penalty, for the three defendants charged in the Richmond Hill subdivision explosion.
COA affirms murder conviction and sentence over self-defense claim
An Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the lives of people inside his home lost his appeal Friday.
Judges uphold man’s 151-month sentence
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
Woman’s sentence revised because she is not among ‘worst offenders’
A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.
Defendant entitled to resentencing under Fair Sentencing Act
The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
Prisoners can seek reductions of crack cocaine sentences
The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
Judges uphold sexually violent predator status
The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.
Judges uphold sentence, but revise original opinion
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
Judges affirm 53-year sentence for bank shooting
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.