felony
Appeals panel voids gun conviction, cuts child porn sentence
May 20, 2013
Dave StaffordAn Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most
serious conviction vacated and his sentence reduced to no more than four years.
MoreCOA says argument over wording of robbery statute is issue of first impression
April 23, 2013
Marilyn OdendahlAn argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did
not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
MoreAppeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence
enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana
Court of Appeals held Monday.
MoreHearings set for trio charged in southside Indy explosion
April 8, 2013
IL StaffThree people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development
will go before a judge in Marion Superior Court on Wednesday.
MoreBill reforming criminal code passes Senate committee
March 29, 2013
IL StaffThe first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections
and Criminal Law Thursday by a vote of 8-1.
MoreJustices reaffirm ruling on sentence enhancements under habitual offender statute
March 21, 2013
Jennifer NelsonThe Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined
that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under
the general habitual offender statute, was an impermissible double enhancement.
More7th Circuit affirms kidnapping and extortion convictions, sentence
March 1, 2013
Jennifer NelsonFinding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion,
the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
MoreGiving felons a chance to wipe their records clean
February 27, 2013
Marilyn OdendahlThe Indiana General Assembly moving forward with expungement bill.
MoreOverhaul of Criminal Code approved by House
February 26, 2013
Marilyn OdendahlThe bill rewriting Indiana’s Criminal Code gained approval of the House of Representatives Monday by an 80 to 13 vote.
The measure now moves to the Senate.
MoreStatute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
January 29, 2013
Marilyn OdendahlA Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled
the state statute gives the courts the freedom to decide whether to grant or deny a petition.
MoreAttempted child molestation conviction does not lead to credit restricted status
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following
his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses
that qualify under the credit restricted felon statute.
MoreBloomington attorney enters into plea agreement
October 25, 2012
Jennifer NelsonA jury trial set for this week for a Monroe County attorney accused of stealing money from clients has been cancelled because
a plea agreement has been reached.
MoreJudges order habitual offender enhancement vacated
October 18, 2012
Jennifer NelsonA post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender
enhancement, finding a case decided after the man’s direct appeal applies retroactively.
MoreAppellate court upholds life sentence
September 19, 2012
Jennifer NelsonDuane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals
rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
MoreCCEC Work Group proposes sweeping revision to the Indiana Criminal Code
September 12, 2012
Marilyn OdendahlThe Indiana General Assembly’s Criminal Code Evaluation Commission has started another round of hearings to collect
data and recommendations for revising the state’s criminal statutes. A key element of this review will be an extensive
study of significant sections of Title 35 by the CCEC Work Group.
MoreInmate loses challenge to law ending certain educational funding
August 28, 2012
Jennifer NelsonThe 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted
felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional
rights, the Indiana Court of Appeals ruled.
MoreMan unable to show prejudice by attorney’s lack of deportation advisement
August 7, 2012
Jennifer NelsonA Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction
relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s
failure to advise him that automatic deportation is a consequence of his guilty plea.
MoreSupreme Court grants more time to e-file some abstracts of judgment
July 3, 2012
Dave StaffordCourts will have until the end of this year to file abstracts of judgment of felony convictions for people not sentenced to
the Department of Correction, according to an order issued June 28 by the Indiana Supreme Court.
MoreCOA finds double jeopardy in DeLaney attacker's case
February 27, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated
Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
More7th Circuit affirms sentence for sexual involvement with 12-year-old girl
February 17, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old
Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced
within the correct guidelines range.
MoreJudges affirm credit restricted felon status
February 8, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting
instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
MoreJudges reverse felony sexual battery conviction
February 7, 2012
Jennifer NelsonBecause the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana
Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor
battery.
More7th Circuit affirms denial of habeas corpus petition
January 31, 2012
Jenny MontgomeryA 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.
MoreJudges refuse to create another intoxication defense
January 19, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to
his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
MoreJustices reverse determinate commitment
January 18, 2012
Jennifer NelsonIn a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s
determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
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.