sentence

Judges uphold revocation of probation

May 17, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.
More

Man not prejudiced by lawyer's failure to advise about deportation

May 17, 2012
Jennifer Nelson
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
More

Attorney sentenced to 8 years for theft

May 3, 2012
Jennifer Nelson
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
More

Judges affirm denial of motion to withdraw plea

April 30, 2012
Jennifer Nelson
The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.
More

5th Amendment right against self-incrimination not violated

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.
More

COA reverses conviction based on continuing crime doctrine

April 23, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
More

Judges affirm denial of post-conviction relief

April 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.
More

7th Circuit upholds sentence for drug offenses

April 17, 2012
Jennifer Nelson
Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.
More

7th Circuit rules on sentence reduction

April 12, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
More

Judges affirm 90-year sentence for child molester

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
More

Evidence doesn't support enhanced possession charges

April 11, 2012
Jennifer Nelson
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
More

COA holds false customer review violates no-contact order

April 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
More

Judges affirm decision in speedy trial claim

April 4, 2012
Michael Hoskins
A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.
More

Court upholds child molester's no-contact condition

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.
More

Court of Appeals revises robbery sentence

April 3, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.
More

Judges affirm part of sentence, reverse enhancements on double jeopardy grounds

March 30, 2012
Jenny Montgomery
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
More

Judges reduce sentence

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
More

Court splits over sentence modification

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
More

Burglary conviction was impermissible double jeopardy

March 29, 2012
Jennifer Nelson
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
More

Closed-circuit testimony not unconstitutional

March 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
More

Judges revise murder sentence

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
More

Appellate court split on ordering new trial for mom

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
More

COA finds mentally ill man was aware actions were wrong

March 20, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
More

Judges disagree on impact of caselaw

March 20, 2012
Jennifer Nelson
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
More

Judges affirm sentence for man who questions constitutionality of Indiana Code

March 13, 2012
Jenny Montgomery
A man’s criminal actions that resulted in a two-year sentence were not part of a single episode of criminal conduct, and therefore, his claim that his sentence was unconstitutional is without merit.
More
Page  << 11 12 13 14 15 16 17 18 19 20 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT