felony

Man convicted before felony classes implemented can’t convert conviction to misdemeanor

October 16, 2013
Jennifer Nelson
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
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Divided COA: Statement on record unneeded to waive jury trial

October 11, 2013
Dave Stafford
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
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Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’

August 21, 2013
Dave Stafford
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
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Charge dismissed in error negates felony DUI enhancement

August 14, 2013
Dave Stafford
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
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Expungement forum set for Saturday in Gary

July 18, 2013
IL Staff
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
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COA finds no error in Class A felony attempted robbery conviction

July 18, 2013
Jennifer Nelson
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
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Complexity of new expungement law raises questions

July 17, 2013
Dave Stafford
Hundreds rushed to a clerk's office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
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Criminal convictions and financial penalties do not violate double jeopardy

July 15, 2013
Marilyn Odendahl
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
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Hamilton County attorney drunken-driving charges include a felony

July 12, 2013
IL Staff
A Barnes & Thornburg LLP attorney arrested July 7 on suspicion of drunken driving in Hamilton County faces two charges from the incident, including a Class D felony because of a prior conviction.
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Convicted ex-coroner hits Brizzi with legal malpractice suit

May 23, 2013
Dave Stafford
Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.
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Appeals panel voids gun conviction, cuts child porn sentence

May 20, 2013
Dave Stafford
An 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.
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COA says argument over wording of robbery statute is issue of first impression

April 23, 2013
Marilyn Odendahl
An 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.
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Appeals court rehearing affirms serious violent felon conviction

April 8, 2013
Dave Stafford
An 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.
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Hearings set for trio charged in southside Indy explosion

April 8, 2013
IL Staff
Three 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.
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Bill reforming criminal code passes Senate committee

March 29, 2013
IL Staff
The 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.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The 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.
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7th Circuit affirms kidnapping and extortion convictions, sentence

March 1, 2013
Jennifer Nelson
Finding 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.
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Giving felons a chance to wipe their records clean

February 27, 2013
Marilyn Odendahl
The Indiana General Assembly moving forward with expungement bill.
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Overhaul of Criminal Code approved by House

February 26, 2013
Marilyn Odendahl
The 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.
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Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor

January 29, 2013
Marilyn Odendahl
A 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.
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Attempted child molestation conviction does not lead to credit restricted status

January 24, 2013
Jennifer Nelson
The 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.
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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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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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