Criminal Case

Double sentencing enhancements don’t violate precedent

June 26, 2017
Marilyn Odendahl
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
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Prosecutor: No charges against 2 officers in man’s shooting

June 26, 2017
 Associated Press
Two central Indiana police officers won’t face charges for shooting a man who they said tried to run them down with his car after an attempted traffic stop.
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7th Circuit: Plain-view doctrine controls appeal of motion to suppress

June 13, 2017
Olivia Covington
An Indiana district court did not err in denying a convicted felon’s motion to suppress after three guns were found in his home during a search for electronic devices because the guns were found under the plain-view doctrine, the 7th Circuit Court of Appeals ruled Tuesday.
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Indiana domestic violence law addresses phone plans, pets

June 12, 2017
 Associated Press
A new Indiana law taking effect July 1 aims to help those affected by domestic violence leave abusive relationships.
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Canvassers charged in fake, fraudulent voter registrations

June 9, 2017
 Associated Press
Twelve employees of a Democrat-linked group focused on mobilizing black voters in Indiana are accused of submitting fake or fraudulent voter registration applications ahead of last year’s general election to meet quotas, according to charging documents filed Friday.
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Justices weigh restitution order linked to car theft

June 2, 2017
Olivia Covington
The Indiana Supreme Court will decide if the state properly assessed restitution against a woman convicted of auto theft after hearing oral arguments Thursday morning that suggested there was no evidence directly linking her to some of the damage to the vehicle.
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Man gets 86 years in killing, kidnapping case

June 2, 2017
 Associated Press
A central Indiana man convicted of killing another man and forcing his estranged wife and three children to flee with him to Minnesota has been sentenced to 86 years in prison.
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Indiana man charged in crash that killed girl, 6

June 2, 2017
 Associated Press
A central Indiana man accused of causing a highway crash near Muncie that killed his girlfriend's 6-year-old daughter has been formally charged in the deadly crash.
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Anderson lawyer pleads guilty in estate misappropriation case

June 2, 2017
 Associated Press
Suspended Anderson attorney Stephen Schuyler has pleaded guilty in connection with the alleged misappropriation of funds from six estates totaling more than $700,000.
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COA: Indiana death penalty protocol ‘void’

June 1, 2017
Dave Stafford
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.
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7th Circuit: Officer had reasonable suspicion to prolong traffic stop

June 1, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a northern Indiana man’s conviction of possession more than 15 doctored gift cards, finding the police officer who stopped the man had reasonable suspicion to prolong the traffic stop that led to the discovery of the fraudulent gift cards.
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DUI refusal requires retest after insufficient sample

June 1, 2017
Olivia Covington
Indiana law requires law enforcement officers to administer a second chemical breath test if the first test produces an insufficient sample, unless the person taking the test demonstrates a clear unwillingness to cooperate, the Indiana Supreme Court ruled in an opinion reinstating a woman’s driving privileges.
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Man charged in Elkhart slaying says he met victim online

June 1, 2017
 Associated Press
A 22-year-old man charged with murder in the slaying of a former northern Indiana city councilman told detectives he met the victim after responding to an online advertisement for casual encounters, court documents say.
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COA finds no Brady violation in burglary case

May 23, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.
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Jury selection enters day 2 in Bill Cosby sex assault case

May 23, 2017
 Associated Press
Jury selection resumed Tuesday outside Philadelphia in Bill Cosby’s sexual assault trial as prosecutors and the defense seek to fill out a panel of 12 jurors and six alternates in a case that has attracted worldwide publicity.
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7th Circuit affirms denial of habeas relief

May 23, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a man’s petition for habeas relief after finding he waived his argument of ineffective assistance of counsel by not raising that argument in his habeas petition.
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Supreme Court to hear whistleblower case against IDEM

May 12, 2017
IL Staff
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
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Man uses plastic bat to defend son from goose, gets ticket

May 12, 2017
 Associated Press
An Indianapolis man says he shouldn't have been ticketed for using a plastic bat to protect his 4-year-old son from an aggressive Canada goose.
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ACLU slams, prosecutors welcome Sessions' call for tougher charges

May 12, 2017
 Associated Press
The American Civil Liberties Union says Attorney General Jeff Sessions is "repeating a failed experiment" by encouraging prosecutors to pursue tougher charges against most suspects.
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‘Repugnant’ teacher’s 21-year molest sentence affirmed

April 6, 2017
Dave Stafford
A Seymour Middle School math teacher lost his appeal and will serve the 21-year sentence imposed by the trial court for grooming and molesting a student whose parents say she was “broken” by the experience. One Court of Appeals judge wrote he might have added years to the teacher’s sentence, had the state asked.
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COA affirms convictions in Tippecanoe County robberies

April 6, 2017
Olivia Covington
A Tippecanoe County man’s numerous robbery, criminal confinement and firearm convictions have been affirmed after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion throughout the conviction and sentencing process.
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Man who spat in woman’s face loses appeal

April 6, 2017
Olivia Covington
The Indiana Court of Appeals has confirmed a battery conviction against a man who spat in a woman’s face after finding that minor discrepancies in the charging information and evidence at trial did not undermine the case.
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Indiana sheriff agrees to plea deal right before trial

April 6, 2017
 Associated Press
A northern Indiana sheriff accused of giving special privileges to a jail inmate in exchange for $40,000 has agreed to plead guilty to an intimidation charge in a deal with prosecutors.
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Man gets 20 years for attempted murder of IMPD officer

March 23, 2017
IL Staff
An Indianapolis man who opened fire on a police officer after crashing his car at the end of a high-speed chase was sentenced to 20 years in prison, Marion County prosecutor Terry Curry announced March 23.
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Clarksville man backs out of plea deal in girl’s abuse death

March 21, 2017
 Associated Press
A southern Indiana man has backed out of a plea agreement in the child abuse death of his former girlfriend’s 3-year-old daughter.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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