criminal confinement

COA agrees state did not interfere with defense

February 25, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
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Judge wants harsher sentence for attack on ex-fiancee

December 2, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
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State performed due diligence charging man in 25-year-old attack

October 8, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.
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Lack of evidence gets criminal confinement conviction dropped

September 2, 2015
Marilyn Odendahl
A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
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Convictions based on ‘very same behavior’ do not violate double jeopardy

July 30, 2015
Marilyn Odendahl
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
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Man’s sentence affirmed despite misapplication of law

June 29, 2015
Dave Stafford
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
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Revised sentence modification statute not applicable in defendant’s case

April 30, 2015
Jennifer Nelson
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
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COA reverses confinement conviction, cautions prosecution on future statements

February 5, 2015
Dave Stafford
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
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Man’s criminal confinement conviction reversed, battery conviction reinstated

February 3, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
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Justices reverse grant of post-conviction relief

September 18, 2014
Jennifer Nelson
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
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Order requiring man to participate in sex offender program not unconstitutional

June 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has found that the order requiring a man to participate in the Sex Offender Management and Monitoring program does not violate Indiana’s prohibition of ex post facto laws.
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Court upholds man’s conviction for confining wife’s sister

June 13, 2014
Jennifer Nelson
Although a prosecutor made an inappropriate comment during a man’s trial for criminal confinement, that comment had little persuasive effect on the jury, the Indiana Court of Appeals ruled Friday. The judges affirmed Jonathan Stephens’ conviction of Class C felony criminal confinement.
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Officer’s testimony about victim’s statement admissible, COA rules

June 12, 2014
Jennifer Nelson
A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.
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COA: Man’s sentence after guilty plea is illegal

June 5, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s 10-year sentence resulting from a guilty plea for abusing his adopted teenaged children, holding that the sentence was based on an incorrect application of I.C. 35-50-1-2.
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Man knowingly waived right to jury trial on all charges

April 10, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
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3 of former corrections officer’s convictions upheld by appeals court

June 10, 2013
Jennifer Nelson
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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Judges rule state lacks authority to appeal dismissed case

July 30, 2012
Dave Stafford
The Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s motion to dismiss.
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COA reverses conviction based on continuing crime doctrine

April 23, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
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7th Circuit affirms denial of habeas corpus petition

January 31, 2012
Jenny Montgomery
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
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COA vacates conviction on double jeopardy grounds

June 17, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
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COA upholds convictions in Indianapolis Hamilton Ave. murders

April 18, 2011
Jennifer Nelson
The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
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Court of Appeals to hear arguments in Valparaiso

March 24, 2011
IL Staff
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
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Panel criticizes late discovery introduction

December 28, 2010
Michael Hoskins
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
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Justices divided on firearm 'use' sentencing

December 15, 2010
Michael Hoskins
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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