burglary
COA: 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.
MoreCourt hears appeal over state's objections
June 17, 2011
Jenny MontgomeryA man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea
agreement, the Indiana Court of Appeals held Friday.
MoreHigh court takes 4 cases
February 28, 2011
IL StaffThe Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on
the day they granted transfer.
MoreReligious-worship burglary enhancement doesn’t violate constitutions
February 21, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony
because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the
enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
MoreJustices accept 4 cases
January 10, 2011
IL StaffThe 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.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.