sentence
Defendant not at fault for failing to timely appeal
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to
his attorney’s death from cancer shortly after the sentencing hearing.
MoreLengthy gun sentence affirmed in 2011 hotel standoff
May 20, 2013
Dave StaffordA federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase,
assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August
2011.
MoreAppeals panel voids gun conviction, cuts child porn sentence
May 20, 2013
Dave StaffordAn 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.
More7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
May 20, 2013
Dave StaffordAn Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s
apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be
resentenced.
MoreClass A felony sentences not inappropriate under Appellate Rule 7(B)
May 17, 2013
Marilyn OdendahlTwo convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were
not inappropriate under Appellate Rule 7(B).
MoreCOA: Man knowingly pleaded guilty to fraud charge
May 16, 2013
Jennifer NelsonA post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony
failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to
the separate charges in one agreement.
MoreMan gets 90 years for murder of girlfriend
May 14, 2013
IL StaffSt. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009.
This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
MoreMan’s prior conviction doesn’t render him a career offender
May 10, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in
the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current
sentence should be reduced to reflect he isn’t a career offender.
MoreCOA to trial judges: enter restitution orders at sentencing
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order
within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised
trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
More7th Circuit: ‘Ransom demand’ requires third-party involvement
May 8, 2013
Jennifer NelsonIn order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the
7th Circuit Court of Appeals held Wednesday.
MoreEntering a guilty plea is not a mitigating factor, COA rules
May 7, 2013
Marilyn OdendahlAlthough a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did
not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its
discretion when sentencing him.
MoreCourt affirms murder conviction of man who killed stepdaughter
April 24, 2013
Jennifer NelsonA southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions
of murder and other charges for stabbing his stepdaughter.
MoreAdmission of violation is too little to revoke probation
April 23, 2013
Marilyn OdendahlA Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary
hearing, the Indiana Court of Appeals has ruled.
MoreSelf-defense claim of man who killed 2 fails on appeal
April 19, 2013
Dave StaffordAn Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana
Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
MoreJudges affirm restitution order, sentence following deadly crash
April 15, 2013
Jennifer NelsonA man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring
the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
MoreCOA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
More7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission
April 9, 2013
Marilyn OdendahlAlthough a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals
to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
MoreDisfigurement sufficient to affirm aggravated battery conviction
April 9, 2013
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence
enhancement the perpetrator received.
MoreAppeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn 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.
MorePair convicted in liquor store killing not entitled to DNA evidence
April 8, 2013
Dave StaffordTwo men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction
relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled
Monday.
MoreJudge allows Corcoran to appeal denial of habeas corpus
April 1, 2013
Jennifer NelsonJoseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his
petition for habeas corpus to the 7th Circuit Court of Appeals.
MoreMan may not have drug sentence reduced after pleading guilty
March 29, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded
guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
MoreBill reforming criminal code passes Senate committee
March 29, 2013
IL StaffThe 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.
MoreJudges reduce sentence due to ineffective trial counsel
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming
from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed
to inform Scott of the correct maximum sentence he could face.
MoreCriminal Code bill gets Senate hearing
March 26, 2013
Marilyn OdendahlConcerns over sentencing provisions and pleas for adequate funding dominated the Senate hearing on legislation overhauling
the state’s criminal code.
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Indianapolis law firm Stewart & Irwin closing
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.