sentence

COA reverses sentence based on a ‘suspect enhancement’

January 15, 2015
Jennifer Nelson
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
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Lawmakers: Longer sentences, more police will deter crime

January 15, 2015
 Associated Press
Harsher sentences and an increased police presence can help fight crime in Indiana, Republican state senators said Wednesday.
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COA affirms 100-year sentence for 2 murders

December 22, 2014
Jennifer Nelson
A man with a history of mental illness was unable to convince the Indiana Court of Appeals that his 100-year sentence for his role in the murder of two market employees in Elkhart is inappropriate.
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Anderson man gets 65 years in cousin’s slaying

December 16, 2014
 Associated Press
An Anderson man convicted last month in his cousin’s shooting death has been sentenced to 65 years in prison.
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Justices split over reducing meth sentence

December 10, 2014
Jennifer Nelson
Justices Brent Dickson and Mark Massa disagreed with their colleagues Wednesday that a Tippecanoe County man’s 40-year sentence for Class A felony dealing in methamphetamine needed to be revised.
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Court affirms probation revocation, total time ordered in DOC

December 10, 2014
Jennifer Nelson
A Vigo County man lost his argument before the Indiana Court of Appeals that his term of informal probation should not have been revoked by the trial court after he violated terms of his placement in a home detention program.
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Appeals court upholds teen’s 55-year sentence for murder

December 10, 2014
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals affirmed the 55-year sentence imposed on a juvenile waived into adult court for the murder of a friend. The teen claimed he should have been sentenced under the alternative sentencing scheme available for juveniles.
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DOC credit-time policy does not result in disparate treatment

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
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Conour appeal focuses on defense withdrawal, sentencing terms

December 3, 2014
Dave Stafford
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
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Evidence of felon’s gun tattoo not error

December 1, 2014
Dave Stafford
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
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Enhancement to sentence upheld by COA

November 26, 2014
Marilyn Odendahl
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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Man convicted of brutal beating loses appeal despite errors

November 26, 2014
Dave Stafford
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
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Man gets 11 years for $1M copper wire theft

November 26, 2014
 Associated Press
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.
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COA revises neglect of dependent conviction stemming from boy’s death

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
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Judges reverse probation revocation due to inadmissible evidence

November 21, 2014
Jennifer Nelson
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
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Indiana panel hears testimony on human trafficking

November 20, 2014
 Associated Press
A state trooper who investigates human trafficking told a commission devoted to children's issues Wednesday that he's looked into nearly 40 such cases this year but the shadowy nature of the forced sex and labor trade means it's unclear how far the problem reaches into Indiana.
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Indiana man sentenced in shooting of intruder

November 6, 2014
 Associated Press
An eastern Indiana man has been sentenced to 60 days in jail for firing gunshots that wounded an intruder who was fleeing his property.
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Senator seeks stiffer punishment for decapitations

October 29, 2014
 Associated Press
The chairman of the state Senate Judiciary Committee says Indiana needs stronger penalties for decapitation.
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Defense counsel’s move to prosecutor’s side doesn’t require special prosecutor

October 28, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s 60-year sentence for shooting and killing his girlfriend after an argument, rejecting his claim that a special prosecutor should have been appointed in his case after his defense counsel took a job with the prosecutor’s office.
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7th Circuit reverses 2 special conditions with bank fraud conviction

October 28, 2014
Jennifer Nelson
The government conceded that a man convicted for using fraudulently produced credit cards should not be subjected to suspicionless searches and seizures by authorities, so the 7th Circuit Court of Appeals reversed that condition of his supervised release.
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Judge rejects sentence modification for ex-cop

October 27, 2014
 Associated Press
A southern Indiana judge has rejected a sentence modification for a former police officer convicted of pointing a gun at his girlfriend during a confrontation in front of his two children.
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Judges say Circuit split requires clarification from sentencing commission

October 22, 2014
Jennifer Nelson
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
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Split COA reverses denial of post-conviction relief

October 21, 2014
Dave Stafford
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
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Evidence doesn’t show existence of family housing complex at time of crime

October 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.
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Accomplice in jewelry store robbery loses sentence appeal

October 7, 2014
Dave Stafford
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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