Felony

COA orders new trial for overly talkative defendant

September 14, 2011
Jenny Montgomery
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
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Appeals court sets arguments in Camm case

September 12, 2011
IL Staff
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
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COA orders reduced sentence in first impressions case

August 26, 2011
Jenny Montgomery
In reversing a sentence for a serious violent felon, the Indiana Court of Appeals has ruled that intending to commit a “crime of violence” is not, in itself, a crime of violence
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Man not prejudiced by counsel's deficient performance

August 23, 2011
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
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Beyers: Law makes dishonesty legal on applications

August 17, 2011
Attorney Bill Beyers writes about a new law enacted by the Legislature that has made it easier for people with a criminal history to obtain employment.
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COA rules on man's theft conviction for third time

July 28, 2011
Jennifer Nelson
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
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Circuit Court affirms admission of drugs, sentence

July 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
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Justices reduce sentence of man found asleep in office

July 21, 2011
Jennifer Nelson
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
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COA: Evidence supports dealing conviction

July 14, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
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New law allows for restricted record access for certain crimes

July 1, 2011
Michael Hoskins
A change in state law that starts Friday allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies. An Indianapolis man is already filing a petition asking the Marion Superior Court to limit access to records involving two money conversion convictions.
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Justices rule vehicular flight from police is 'violent' felony

June 22, 2011
Michael Hoskins
The nation’s highest court affirmed an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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COA vacates conviction on double jeopardy grounds

June 17, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
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High court denies rehearing in secretary of state eligibility suit

June 16, 2011
Jennifer Nelson
The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.
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SCOTUS: Vehicular flight from police is 'violent' felony

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge's ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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SCOTUS rules on Indiana 'crime of violence' case

June 9, 2011
Michael Hoskins
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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Prosecutor's conduct leads to child-molesting conviction reversal

June 7, 2011
Michael Hoskins
The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.
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High court to hear insurance, drug, murder cases

June 6, 2011
Jennifer Nelson
The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.
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Justices rule on first impression issue involving sentence modification

May 26, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
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Court reverses feticide convictions on double jeopardy grounds

May 26, 2011
Jennifer Nelson
The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
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Lawyer sentenced for theft, corrupt business practice

May 16, 2011
Jennifer Nelson
A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.
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Justices rule on 'no-knock' warrant executions

May 10, 2011
Jennifer Nelson
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
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COA affirms remanded sentence

May 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
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Justices take felony murder, child support cases

May 9, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child support nonpayment.
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Justices address judicial-temperance presumption

May 6, 2011
Jennifer Nelson
The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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