sentence

Divided 7th Circuit affirms 'career offender' conviction

March 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
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Appellate court overturns sexual battery conviction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
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Supreme Court split over reducing man's sentence

February 22, 2012
Jennifer Nelson
The Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for having cocaine within 1,000 feet of a school when police stopped his vehicle.
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Nonsupport of dependent enhancement not based on number of children

February 17, 2012
Jennifer Nelson
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
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7th Circuit affirms sentence for sexual involvement with 12-year-old girl

February 17, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
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COA affirms original sentence revision

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
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Judges affirm credit restricted felon status

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
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7th Circuit upholds firearm conviction

February 3, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.
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Justices uphold driver's license suspension

February 3, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
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7th Circuit affirms man's remanded sentence

February 2, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
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Judges uphold convictions for attempted trafficking with an inmate

January 25, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
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COA: Judge didn't err in rejecting master commissioner's sentence

January 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
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Justices rule on Post-Conviction Rule 2

January 24, 2012
Jennifer Nelson
The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
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COA: sentence waiver is valid

January 24, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
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Judges refuse to create another intoxication defense

January 19, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
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7th Circuit rules on drug sentences

January 12, 2012
Jennifer Nelson
In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.
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High court reverses habitual offender enhancement

January 12, 2012
Jennifer Nelson
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
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COA: post-conviction proceedings not equivalent to civil proceedings

January 3, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
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Court reinstates man's direct appeal

December 29, 2011
Michael Hoskins
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
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Trial court used wrong legal standard in revoking probation

December 28, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
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7th Circuit upholds embezzlement convictions against ex-mayor

December 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
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Ex-Dow Agro scientist receives 7 years for economic espionage

December 22, 2011
IBJ Staff
A federal judge on Wednesday sentenced a former Dow AgroSciences researcher to more than seven years in prison for sending trade secrets worth millions of dollars to China and Germany.
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Ex-Dow Agro scientist set to be sentenced in espionage case

December 21, 2011
Scott Olson
Federal prosecutors are recommending that a former Dow AgroSciences researcher be sentenced to more than seven years in prison for sending trade secrets worth millions to China and Germany.
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Federal incarceration doesn't count toward speedy trial clock

December 20, 2011
Michael Hoskins
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
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COA delves into grammar in reversing trial court

November 23, 2011
Jenny Montgomery
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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