burglary
Man who fled after hearing not entitled to discharge
June 6, 2013
Jennifer NelsonThe motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan
County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him
to trial within a year was attributable to the appellant, including his decision to flee after a hearing.
MoreCOA: Courts need to consider proportionality of damages in restitution orders
June 5, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and
a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider
apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s
loss.
MoreJustices rule defendant’s confession came under ‘increasing coercive pressure’
May 31, 2013
Marilyn OdendahlIncriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out
by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.
MoreDefendant not at fault for failing to timely appeal
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to
his attorney’s death from cancer shortly after the sentencing hearing.
MoreCOA: Glove not enough to convict man of burglary
April 25, 2013
Jennifer NelsonWorried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create
a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph
County.
MoreMan to get new trial because of counsel’s performance
March 4, 2013
Jennifer NelsonBecause the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,”
the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
MoreJudges uphold man’s convictions for stealing from neighbor
February 27, 2013
Jennifer NelsonLamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from
his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.
MoreInterstate defendant denied due process in hasty sentencing trip
February 22, 2013
Dave StaffordA Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived
due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
MoreCOA answers first impression issue on custodial statements
February 21, 2013
Jennifer NelsonA defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in
custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t
available at trial as required by Indiana Evidence Rule 617.
MoreJustices remand burglary sentence for new hearing on restitution order
January 25, 2013
Dave StaffordA divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown
out by the Court of Appeals because of insufficient evidence to support the amount of the award.
MoreJudges uphold finding that past burglaries were not single criminal episode
December 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should
be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
MoreJudges affirm 911 recording properly admitted as evidence
December 5, 2012
Jennifer NelsonRuling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that
were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller
did not.
MoreCOA not persuaded by defendant’s claims on appeal
December 5, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property
and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during
his trial.
MoreAdmission of the videotaped confession constitutes fundamental error
September 25, 2012
Marilyn OdendahlThe true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony,
was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence
the juvenile’s videotaped confession.
MoreJudges order new trial based on prosecutor’s comments
September 6, 2012
Jennifer NelsonComments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience
store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals
ruled.
MoreCOA orders judge grant motion for bail bond reduction
September 4, 2012
Jennifer NelsonEven though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting
his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post
a percentage of that to bond out.
MoreCOA finds evidence supporting restitution order too flimsy
August 14, 2012
Marilyn OdendahlA victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed
and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
MoreJustices order new trial for Ripley County man
July 12, 2012
Jennifer NelsonA Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of
his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
MoreJustices find evidence supports intent to commit theft
June 13, 2012
Jennifer NelsonThe Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into
the church and entered it with the intent to commit theft.
MoreBurglary conviction was impermissible double jeopardy
March 29, 2012
Jennifer NelsonBecause 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.
MoreEvidence supports elevated burglary conviction
February 9, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because
all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar
twisted her hand.
MoreAppellate court affirms murder conviction; reverses on corpse abuse conviction
January 31, 2012
Jenny MontgomeryThe erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding
his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But
the COA affirmed his conviction of and sentence for murder.
MoreAppellate court affirms juvenile committed theft, burglary
January 20, 2012
Jennifer NelsonThere was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed
by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a
license and ordered that the juvenile court correct its dispositional order.
MoreMan not prejudiced by counsel's deficient performance
August 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that
although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to
the defendant was really his, the man couldn’t show he was prejudiced.
MoreJustices uphold admitting juvenile's confession
June 22, 2011
Jennifer NelsonThe Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding
the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The
justices did also emphasize that the waiver used should be altered to make it more clear.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!