Court splits over sentence modification
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
Sentence
Articles
Burglary conviction was impermissible double jeopardy
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
Closed-circuit testimony not unconstitutional
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
Judges revise murder sentence
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
Appellate court split on ordering new trial for mom
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
COA finds mentally ill man was aware actions were wrong
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
Judges disagree on impact of caselaw
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
Judges affirm sentence for man who questions constitutionality of Indiana Code
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.
Divided 7th Circuit affirms ‘career offender’ conviction
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.
Appellate court overturns sexual battery conviction
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.
Supreme Court split over reducing man’s sentence
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.
Nonsupport of dependent enhancement not based on number of children
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.
7th Circuit affirms sentence for sexual involvement with 12-year-old girl
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.
COA affirms original sentence revision
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.
Judges affirm credit restricted felon status
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.
7th Circuit upholds firearm conviction
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.
Justices uphold driver’s license suspension
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.
7th Circuit affirms man’s remanded sentence
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.
Judges uphold convictions for attempted trafficking with an inmate
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.
COA: Judge didn’t err in rejecting master commissioner’s sentence
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.