December 22, 2008
Michael HoskinsA reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for
not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.
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December 22, 2008
Rebecca BerfangerIn a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant
has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of
Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.
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December 18, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with
people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing
the crimes of enticing a minor to engage in criminal sexual activity.
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December 5, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case
believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.
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December 4, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced
because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under
the same section.
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November 20, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how
a previous drug conviction showed the man had intent or absence of mistake in the instant case.
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November 13, 2008
Jennifer NelsonThe Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court
failed to properly instruct the jury on accomplice liability.
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October 28, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had
produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used
by the trial courts in each case.
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October 23, 2008
Jennifer NelsonThe Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't
be considered among the worst offenders to justify the maximum sentence.
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October 2, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove
collateral estoppel precluded the trial court from denying his motion.
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September 3, 2008
Jennifer NelsonThe Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding
his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
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April 4, 2008
Michael HoskinsThe 7th Circuit Court of Appeals has some practical advice for criminal law attorneys who go before federal judges: have handy
a copy of federal criminal procedure rules, particularly those involving plea discussions at sentencing, and don't be afraid
to correct or point out omissions to a judge.
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November 21, 2007
Jennifer NelsonThe 7th Circuit Court of Appeals encountered for the first time the issue of whether a single incident of firearm possession
can support multiple convictions under United States Code when the defendant is included in more than one class of people
who are disqualified under the statute from possessing firearms.
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.