felony
Man accused of planning to blow up courthouse sentenced
January 3, 2011
Jennifer NelsonThe Pike County man who was arrested by police after they discovered his plan to blow up that county’s courthouse was
sentenced today after pleading guilty to a charge stemming from the incident.
MorePanel criticizes late discovery introduction
December 28, 2010
Michael HoskinsWhile 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.
MoreJustices sharply split on insanity defense case
December 23, 2010
Michael HoskinsFaults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor
of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
MoreJustices divided on firearm 'use' sentencing
December 15, 2010
Michael HoskinsA 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.
MoreJustices: sentence shouldn't have been upped on appeal
December 10, 2010
Jennifer NelsonThe Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it
on appeal.
MoreCOA divided on dismissal of OWI charges
December 9, 2010
Jennifer NelsonThe Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed
because the charging information didn’t let the man know what vehicle he needed to defend against operating.
MoreJustices split on imprisonment for violating probation
December 9, 2010
Jennifer NelsonThe state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly
or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion
handed down Wednesday afternoon.
MoreSCOTUS takes case on whether vehicular flight from police is a 'violent felony'
December 8, 2010
Michael HoskinsNo one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent”
one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before
the nation’s highest court, and Indiana is playing a key role.
MoreMendenhall gets 40 years for attack
November 19, 2010
Jennifer NelsonAugustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today
from a Hamilton County judge.
MoreCOA upholds denial of post-conviction relief
November 3, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance
of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police
in front of the attorney.
MoreCourt: stipulation can be in preliminary jury instructions
October 13, 2010
Jennifer NelsonEven though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary
jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession
of a firearm by a serious violent felon.
MoreCOA affirms murder conviction, sentence of 14-year-old
October 5, 2010
Rebecca BerfangerWhen asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender,
the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
More7th Circuit expands inquiry to implicit motion for new attorney
August 5, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
MoreCourt rejects stale trash evidence argument
May 26, 2010
Michael HoskinsThe Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.
MoreCOA discusses jury-selection procedures
April 21, 2010
Jennifer NelsonDespite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana
Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
MoreJustices rule on in-state, out-of-state police actions
April 15, 2010
Michael HoskinsThe Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary
out in the cold.
MoreInconsistent jury verdicts not reviewable
April 9, 2010
Jennifer NelsonInconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review,
the Indiana Supreme Court held Thursday.
MoreCOA lengthens defendant's sentence
March 30, 2010
Jennifer NelsonThe Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what
the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
MoreCOA reverses 4 attempted robbery convictions
January 27, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support
a reasonable inference that the defendant intended to rob each of the alleged victims.
MoreFormer public defender sentenced
May 7, 2009
Jennifer NelsonA former Marion County public defender arrested during an undercover child sex sting was sentenced Wednesday for child
solicitation, a Class C felony.
MoreCOA upholds attorney's felony conviction
April 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced
to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.
MoreFirst impression in 'non-suspension' rule case
March 31, 2009
Jennifer NelsonThe Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in
Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
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.