sentence

Justices sharply split on insanity defense case

December 23, 2010
Michael Hoskins
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
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Justices divided on firearm 'use' sentencing

December 15, 2010
Michael Hoskins
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
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7th Circuit: judge erred when sentencing man

December 2, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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Mendenhall gets 40 years for attack

November 19, 2010
Jennifer Nelson
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
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High court grants 6 transfers

October 25, 2010
IL Staff
The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
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Amendment doesn't affect sentence

September 1, 2009
Jennifer Nelson
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
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District Court erred in drug sentence

July 31, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.
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Court rules on suspended sentence issue

July 23, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
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COA: alternative murder sentence illegal

July 10, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.
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Court rules on consecutive enhancements issue

June 17, 2009
Jennifer Nelson
Consecutive habitual offender enhancements are improper, whether the enhancements arise from separate trials on unrelated charges or separate trials on related charges, the Indiana Supreme Court ruled yesterday in two opinions.
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Attorney sentenced to 2 years in prison

June 3, 2009
Jennifer Nelson
An attorney who pleaded guilty to operating a vehicle while intoxicated causing death as a Class C felony has been sentenced to two years in the Indiana Department of Correction.
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Court grants transfer to clarify appeals by state

May 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted a transfer with opinion to address conflicting rulings regarding the state's ability to challenge the legality of a criminal sentence without first filing a motion to correct erroneous sentence.
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COA: Man's sentence could be increased

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
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Defendant can't 'earn' sentence modification

April 17, 2009
Jennifer Nelson
The Indiana Court of Appeals vacated a man's robbery sentence because it found the trial court abused its discretion when sentencing him and couldn't legally reduce his sentence as it said it would if he participated in educational and vocational programs while incarcerated.
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High court addresses Protected Person Statute

March 31, 2009
Jennifer Nelson
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
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First impression in 'non-suspension' rule case

March 31, 2009
Jennifer Nelson
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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Court upholds sentence-reduction denial

February 12, 2009
Jennifer Mehalik
Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
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Court rules on upward sentence revision

February 10, 2009
Jennifer Mehalik
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
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Attorney's kidnapper nets 60-year sentence

February 3, 2009
Jennifer Nelson
The man who abducted his attorney in July 2008 has been sentenced to 60 years in the Indiana Department of Correction.
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Trial court couldn't modify man's sentence

January 28, 2009
Jennifer Nelson
Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.
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Sexual misconduct may not be abusive

January 5, 2009
Jennifer Mehalik
The 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive and allow for his minimum sentence to be increased.
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Mom's promoting prostitution sentence stands

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
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Man can't collaterally attack sentence again

December 4, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.
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Prior conviction counts in sentencing decision

November 14, 2008
Michael Hoskins
A prior drunk-driving conviction - reached pursuant to a state statute now repealed and recodified in a newer law - can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.
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