Burglary

COA affirms dismissal of armed burglary charge

April 12, 2017
Olivia Covington
A Huntington County woman who stole a gun as part of a plan to trade the gun for drugs will not be charged with armed burglary because the gun was not used to “arm” the woman during her crime, the Indiana Court of Appeals ruled Wednesday.
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Appellate court rules teen's pending cases should be in adult court

February 28, 2017
Olivia CovingtonMore

Justices revise sentence of man with mental illness

January 25, 2017
Olivia Covington
The justices of the Indiana Supreme Court have revised the sentence of a Daviess County man with a history of mental illness who was convicted of burglary, drawing on the dissent of Indiana Court of Appeals Judge Paul Mathias, who advocated for treatment for offenders who are mentally ill.
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Justices find Ohio, Indiana burglary statutes are ‘substantially similar’

December 16, 2016
Olivia Covington
The Indiana Supreme Court Friday overturned a lower court’s decision to throw out a man’s serious violent felon charges, writing that statutes governing burglary convictions in Ohio and Indiana are “substantially” similar.
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‘Moorish national’ loses appeal of house-squatting conviction

November 22, 2016
Dave Stafford
A man who identifies as a "Moorish National" sovereign citizen immune from state and federal law had no luck persuading the Indiana Court of Appeals to overturn his convictions arising from his occupancy of an Indianapolis house that was being prepared for sale after foreclosure.
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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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Judge: Man should be civilly committed, not incarcerated

July 28, 2016
Jennifer Nelson
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
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Judges uphold teen’s 40-year sentence for brutal attack on homeowner

July 15, 2016
Jennifer Nelson
A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.
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COA: Lack of release advisement was harmless error

May 13, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
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Burglary of deceased’s home still Class B felony, COA holds

April 28, 2016
Dave Stafford
A man who burglarized a house in Huntington after the occupant had recently died was rightly denied his petition for post-conviction relief based on his argument that the house was no longer a dwelling, the Indiana Court of Appeals ruled Thursday.
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Judge cuts sentence of 4th member of Elkhart 4 to 10 years

February 12, 2016
 Associated Press
A judge has reduced to 10 years the sentence of a northern Indiana man convicted of felony murder in a home break-in after the Indiana Supreme Court threw out the murder convictions of three co-defendants.
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Lebanon police arrest man in 26-year-old attempted rape case

January 29, 2016
 Associated Press
The Lebanon Police Department has arrested a man in a 26-year-old attempted rape case after a state lab was able to link him to the crime.
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Indiana man set for release after conviction is overturned

January 27, 2016
 Associated Press
A northern Indiana man who faced 50 years in prison before the Indiana Supreme Court overturned murder convictions against him and two co-defendants is set for release this week from a state prison.
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Jury instruction splits Supreme Court

January 25, 2016
Marilyn Odendahl
Jury instructions that included the interpretation from an appellate ruling split the Indiana Supreme Court as to when trial courts should look beyond the statute.
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COA agrees man’s Ohio convictions don’t support SVF charges

January 22, 2016
Jennifer Nelson
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
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3 originally sentenced for murder face burglary sentences

January 7, 2016
 Associated Press
Three northern Indiana men sentenced to 50 or more years in prison before the Indiana Supreme Court overturned their murder convictions could be out of prison before the end of the year after being sentenced on felony burglary charges.
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3 men to be resentenced after Supreme Court ruling

December 9, 2015
 Associated Press
A new sentencing hearing is scheduled for three northern Indiana men whose murder convictions were thrown out by the Indiana Supreme Court.
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2 charged in pastor's wife killing say little in court

November 24, 2015
 Associated Press
The two men charged in the shooting death of an Indianapolis pastor's pregnant wife said little Tuesday when they faced a judge for the first time since their arrest.
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Evidence of new crimes sufficient to revoke probation

September 23, 2015
Dave Stafford
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
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Justices vacate murder convictions for 3 of ‘Elkhart 4’

September 18, 2015
Dave Stafford
Three members of the “Elkhart 4” convicted of murder in a controversial, highly publicized case in northern Indiana had their murder convictions vacated Friday by the Indiana Supreme Court.
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Adoption affirmed due to biological dad’s lack of communication

September 2, 2015
Dave Stafford
A child’s biological father with a long history of incarceration for crimes including burglary and forgery lost an appeal of the child’s stepfather’s adoption petition.
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‘Rushing’ door sufficient for burglary conviction

June 30, 2015
Dave Stafford
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
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Justices affirm burglary conviction COA tossed out for perjury

June 29, 2015
Dave Stafford
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
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Double jeopardy lifts 2 of burglar’s multiple convictions

February 9, 2015
Dave Stafford
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
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Perjury voids conviction; COA refers prosecutor for discipline

November 24, 2014
Dave Stafford
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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