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.
Sentence
Articles
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.
Dropped charges in habitual offender sentence distinguish conflicting rulings
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
Attempted child molestation conviction does not lead to credit restricted status
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.
Rule of lenity doesn’t apply on man’s escape conviction
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
Justices take 5 cases
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
Ex-Chicago cop among 3 sentenced in Latin Kings prosecutions
The continuing federal prosecutions of the Latin Kings street gang that federal authorities have implicated in 19 murders resulted in a 19-year sentence for a former Chicago police officer.
Justices find man not required to register for life as sex offender
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
Bill on habitual offender filing deadline moves out of committee
The Senate Committee on Corrections & Criminal Law voted this week to move legislation that will allow an indictment or information to be amended to include a habitual offender charge at any time before trial, as long as the amendment doesn’t prejudice the substantial rights of the defendant.
Judges ‘disturbed’ by linking of drugs to defendant’s nationality
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
COA reverses conviction after BMV stumbles over address
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
Man argues the sentencing guidelines were applied incorrectly
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.
COA upholds cocaine convictions, sentence
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
Judges uphold finding that past burglaries were not single criminal episode
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
Justices reinstate 80-year sentence
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
Justices order modification of sentence of convicted child caseworker to comply with plea agreement
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
Durham files to appeal federal conviction
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
7th Circuit upholds $3M restitution order for copper theft
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
COA not persuaded by defendant’s claims on appeal
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
Lawmakers to look at marijuana penalties
There’s a growing appetite by some in the Legislature for leniency.