State death penalty cases averaged 17 years
When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.
Sentence
Articles
Credit-time statute amendment not retroactive
An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.
Judges uphold identity thief’s sentence
In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.
COA: State didn’t meet burden for probation revocation
The Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
COA upholds convictions of man who planned to kill attorney, judge, ex-wife
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
Circuit Court affirms judgments against 2 ex-IMPD narcotics officers
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
Judges uphold man’s remanded drug sentence
The 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.
Judges order new PCR hearing on guilty plea issue
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
Justices order man to be re-sentenced
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
Justices uphold Baer’s death penalty
The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.
SCOTUS refuses to accept two Indiana cases
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
Annual address praises court activity despite economy, changing times
Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
Judges find enhancement doesn’t violate double jeopardy principles
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
Justices accept 4 cases
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
Justices sharply split on insanity defense case
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
Justices divided on firearm ‘use’ sentencing
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
Justices: sentence shouldn’t have been upped on appeal
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
7th Circuit: judge erred when sentencing man
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
Mendenhall gets 40 years for attack
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.