felony

Bloomington attorney enters into plea agreement

October 25, 2012
Jennifer Nelson
A 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.
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Judges order habitual offender enhancement vacated

October 18, 2012
Jennifer Nelson
A 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.
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Appellate court upholds life sentence

September 19, 2012
Jennifer Nelson
Duane 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.
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CCEC Work Group proposes sweeping revision to the Indiana Criminal Code

September 12, 2012
Marilyn Odendahl
The 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.
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Inmate loses challenge to law ending certain educational funding

August 28, 2012
Jennifer Nelson
The 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.
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Man unable to show prejudice by attorney’s lack of deportation advisement

August 7, 2012
Jennifer Nelson
A 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.
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Supreme Court grants more time to e-file some abstracts of judgment

July 3, 2012
Dave Stafford
Courts 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.
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COA finds double jeopardy in DeLaney attacker's case

February 27, 2012
Michael Hoskins
The 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.
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7th Circuit affirms sentence for sexual involvement with 12-year-old girl

February 17, 2012
Jennifer Nelson
The 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.
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Judges affirm credit restricted felon status

February 8, 2012
Jennifer Nelson
The 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.
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Judges reverse felony sexual battery conviction

February 7, 2012
Jennifer Nelson
Because 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.
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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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Judges refuse to create another intoxication defense

January 19, 2012
Jennifer Nelson
The 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.
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Justices reverse determinate commitment

January 18, 2012
Jennifer Nelson
In 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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State representative's attacker permanently disbarred

January 13, 2012
Michael Hoskins
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
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Court reinstates man's direct appeal

December 29, 2011
Michael Hoskins
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
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COA affirms trial court in felony neglect case

December 29, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
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Former IURC chairman indicted

December 12, 2011
IL Staff
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
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Man gets 326 months imprisonment, lifetime supervision for child pornography

December 6, 2011
Michael Hoskins
U.S. Judge Robert Miller Jr. sentenced an Elkhart man to 326 months in prison and a lifetime of supervised release after his guilty plea to sexually exploiting children.
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Supreme Court to hold arguments in St. Joseph County

November 11, 2011
IL Staff
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.
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Adding UPL to Indiana RICO statute

November 9, 2011
Michael Hoskins
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
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Lawmakers discuss sentencing

October 26, 2011
Jenny Montgomery
Proposed changes would reclassify drug crimes and emphasize county oversight.
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Lawmakers taking second look at 'second chance law'

October 14, 2011
Michael Hoskins
Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.
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COA: woman not denied right to confrontation

September 26, 2011
Jennifer Nelson
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
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COA finds 2007 version of statute is an ex post facto law

September 19, 2011
Jennifer Nelson
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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