A man’s criminal actions that resulted in a two-year sentence were not part of a single episode of criminal conduct, and therefore, his claim that his sentence was unconstitutional is without merit.
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
The Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for having cocaine within 1,000 feet of a school when police stopped his vehicle.
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.