Sentence

Former wrestling coach gets 10 years for videotaping boys

August 19, 2016
 Associated Press
A former northern Indiana teacher and wrestling coach will serve 10 years in prison after pleading guilty to charges alleging he videotaped naked boys in a locker room.
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Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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Jay County man gets 65 years for murder of 5-week-old girl

August 18, 2016
 Associated Press
An eastern Indiana man convicted of killing his girlfriend's 5-week-old daughter by slamming her head into pavement has been sentenced to 65 years in prison.
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Court grants habeas writ in case involving repealed drug statute

August 15, 2016
Jennifer Nelson
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
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Prosecutors appeal 14-month sentence for ex-Indiana deputy

August 15, 2016
 Associated Press
Federal prosecutors are asking an appeals court to order a stiffer sentence for a former central Indiana sheriff's deputy convicted of civil rights violations.
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Ex-deputy gets home detention for stealing ammunition

August 12, 2016
 Associated Press
A judge has sentenced a retired Delaware County sheriff's deputy to six months home detention after he pleaded guilty to selling more than $8,000 in county-owned ammunition.
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Man gets 10 years for fatal I-69 construction zone crash

August 10, 2016
 Associated Press
A motorist whose pickup truck crashed into and killed two highway construction workers has been sentenced to 10 years in prison.
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Judge denies Blagojevich's bid to lighten 14-year sentence

August 10, 2016
 Associated Press
A federal judge refused Tuesday to lighten Rod Blagojevich's original 14-year prison sentence for corruption, rejecting pleas for lenience by the now white-haired former Illinois governor who attended the resentencing hearing by video from a Colorado prison a thousand miles away.
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COA splits over earliest, latest possible release dates

August 9, 2016
Dave Stafford
Two of three judges on an Indiana Court of Appeals panel urged lawmakers to revisit a requirement that trial courts advise convicts of their earliest and latest possible release dates, but a third judge dismissed the majority’s position that the requirement “imposes an impracticable burden on our trial courts.
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Pro se inmate wins appeal of sentence modification

August 5, 2016
Dave Stafford
An inmate’s pro se legal briefs arguing for a modification of his 70-year drug sentence impressed the Indiana Court of Appeals, who granted him another chance to make his case that he deserves leniency as a model prisoner who made the best of his time behind bars.
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Obama shortens terms for 214 prisoners

August 3, 2016
 Associated Press
President Barack Obama on Wednesday cut short the sentences of 214 federal inmates, including 67 life sentences, in what the White House called the largest batch of commutations on a single day in more than a century.
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Judges divided over sentence review under Appellate Rule 7(B)

August 2, 2016
Jennifer Nelson
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
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Fort Wayne man gets 85 years in fatal attack with microwave

August 1, 2016
 Associated Press
A Fort Wayne man convicted of beating a mentally ill man to death with a microwave has been sentenced to 85 years in prison.
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Ex-Indianapolis high school coach sentenced on sex count

August 1, 2016
 Associated Press, IBJ Staff
A former Indianapolis private high school boys' basketball coach has been sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.
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Judge: Man should be civilly committed, not incarcerated

July 28, 2016
Jennifer Nelson
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
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COA reduces rapist’s sentence by 10 years

July 26, 2016
Marilyn Odendahl
Although an offender was successful in asserting the trial court erred in merging his sentences and applying an enhancement, he failed to respond to the state’s arguments for remedy which provided just a 10-year reduction to his 90-year aggregate sentence.
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7th Circuit: Judge should have disqualified herself in sentence challenge

July 21, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.
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Conour asks 7th Circuit for non-public defender to reopen appeal

July 15, 2016
Dave Stafford
Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.
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Blagojevich resentencing: Judge to mull opposing portraits

July 12, 2016
 Associated Press
Federal prosecutors are asking a judge to order former Illinois Gov. Rod Blagojevich to serve his entire 14-year prison term when he returns to court for resentencing next month. But his attorneys want about nine years lopped off the sentence of the man they say has been a model prisoner who's tutored, taught and counseled fellow inmates while also forming an Elvis-inspired rock band.
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Brutal Indy home invasion leader gets sentence tweak

July 12, 2016
Dave Stafford
The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.
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Former mayor's stepdaughter gets home detention for theft

July 7, 2016
 Associated Press
A federal judge has sentenced the stepdaughter of a former northwestern Indiana mayor to six months of home detention followed by two years on probation for embezzling funds from a city court.
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Indiana man gets 3 years for bomb threat to avoid court

June 29, 2016
 Associated Press
An Anderson man has been sentenced to three years in prison for phoning a bomb threat to the Madison County Clerk's office last month to avoid a court hearing.
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Sister of kidnapped Indianapolis siblings gets probation

June 22, 2016
 Associated Press
An Indianapolis woman whose two teenage siblings were kidnapped and held for ransom won't serve any jail time for her involvement in the case.
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Appeals court affirms reinstatement of drug sentence

June 17, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
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Valpo grad convicted in violent attack of Virginia couple faces life sentence

June 17, 2016
 Associated Press, IL Staff
A jury has recommended the man convicted of violently attacking a lawyer and his wife inside their McLean, Virginia, home be sentenced to life in prison.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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