double jeopardy

COA: Defense lawyer’s ‘questionable’ conduct not reversible error

May 6, 2016
Dave Stafford
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.
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COA trims man’s robbery, sex offense sentence from 248 to 218 years

March 24, 2016
Dave Stafford
An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.
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Court finds double jeopardy in stalking case

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.
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Judges affirm co-defendants’ robbery convictions

February 4, 2016
Jennifer Nelson
Two men convicted of robbing a West Lafayette money lending store could not persuade the Indiana Court of Appeals to reverse their convictions.
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Court sua sponte reverses 5 convictions

December 30, 2015
Jennifer Nelson
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
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Court divided over drug sentence

December 10, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.
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COA affirms convictions state conceded as double jeopardy

October 30, 2015
Dave Stafford
State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.
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Double jeopardy voids two cocaine convictions

September 16, 2015
Dave Stafford
A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.
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Reversal: DUI convictions violate double jeopardy

August 26, 2015
Dave Stafford
A man who pleaded guilty to a pair of drunken-driving charges was improperly convicted on both counts, the Indiana Court of Appeals ruled Wednesday, vacating one of the convictions.
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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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Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015
Jennifer Nelson
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
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Court reverses convictions from robbery due to double jeopardy concerns

April 22, 2015
Jennifer Nelson
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because  the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.
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COA finds dual conviction violated double jeopardy

February 20, 2015
Marilyn Odendahl
On a sua sponte review, the Indiana Court of Appeals overturned one conviction of a Hamilton County woman who was found guilty of charges surrounding the death of an infant in her care.
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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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Justices uphold convictions in second trial after partial deadlock

January 15, 2015
Dave Stafford
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
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Judges reverse 2 convictions based on double jeopardy violations

December 19, 2014
Jennifer Nelson
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
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COA revises neglect of dependent conviction stemming from boy’s death

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
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Statute does not allow for deferral of dealing marijuana charge

July 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
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Killer’s 50-year conspiracy sentence vacated as double jeopardy

February 25, 2014
Dave Stafford
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.
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COA vacates sex-abuse confinement conviction as double jeopardy

January 27, 2014
Dave Stafford
The Indiana Court of Appeals on Monday vacated a conviction of Class C felony criminal confinement for a man also convicted of Class B felony criminal deviate conduct, finding the lesser conviction resulted in double jeopardy.
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Divided panel: OWI-causing-death retrial not double jeopardy

January 24, 2014
Dave Stafford
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
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Woman’s convictions did not subject her to double jeopardy

October 31, 2013
Jennifer Nelson
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
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On rehearing, panel rejects double-jeopardy meth conviction claim

October 18, 2013
Dave Stafford
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
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Failure to register in Indiana opens door for state charges against Ponzi scheme mastermind

September 13, 2013
Marilyn Odendahl
A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.
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Double jeopardy does not prohibit state from retrying defendant on lesser charge

September 12, 2013
Marilyn Odendahl
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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