sentence
COA affirms sex offender’s removal from registry
December 3, 2012
Dave StaffordA man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals
affirmed Monday.
MoreDurham gets 50 years for fraud scheme
November 30, 2012
Cory SchoutenTim Durham will likely spend the rest of his life behind bars after a federal judge on Friday sentenced the disgraced playboy
and businessman to a 50-year prison term for defrauding Ohio investors of $250 million.
MoreLatin Kings gang member, 2 others sentenced
November 29, 2012
IL StaffA member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other
crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.
MoreDurham asks court for 5-year sentence
November 27, 2012
Scott OlsonConvicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want
him to serve.
MoreCourt affirms man’s conviction of murder, feticide enhancement
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged
wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
MoreCourt correctly dismissed man’s motion to correct sentence
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct
his sentence stemming from drug convictions in 1994.
MoreCOA finds trial court’s error in sentencing was harmless
November 20, 2012
Marilyn OdendahlA trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court
of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
MoreCOA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
November 14, 2012
Marilyn OdendahlA convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the
testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s
contention as “pure conjecture supported by nothing in the record.”
MoreAppeals court: Felon waived speedy trial, judge challenges
November 2, 2012
Dave StaffordA man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the
appeal during his jury trial or sentencing.
MoreMan can’t challenge sentence as illegal
October 31, 2012
Jennifer NelsonBecause a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction
relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be
reduced.
MoreCourt affirms man’s sentence for murdering wife
October 31, 2012
Jennifer NelsonA Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his
wife in 2009 should be reduced to the advisory sentence of 55 years.
MoreJudges amend man’s convictions due to double jeopardy violations
October 29, 2012
Jennifer NelsonBecause the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges,
the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by
the prosecutor during trial.
MoreCourt revises sentence based on plea agreement language
October 24, 2012
Jennifer NelsonThe Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court
erred by imposing a sentence that violated the terms of her plea agreement.
MoreTerm of imprisonment reduced by half after COA rules sentence does not fit the crime
October 23, 2012
Marilyn OdendahlA man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the
sentence imposed by the trial court was an outlier.
MoreJudges order habitual offender enhancement vacated
October 18, 2012
Jennifer NelsonA post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender
enhancement, finding a case decided after the man’s direct appeal applies retroactively.
MoreWeinberger sentenced to 84 months in prison
October 12, 2012
Dave StaffordA judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from
federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
MoreCourt upholds imposition of court costs
October 10, 2012
Jennifer NelsonThe Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to
challenge the imposition of court costs following his murder trial.
MoreDivided court affirms sentence that exceeds statutory authority
October 9, 2012
Dave StaffordA man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the
term, a divided Court of Appeals ruled Tuesday.
MoreWoman gets 4-year sentence for lying about being injured in State Fair collapse
October 1, 2012
Jennifer NelsonOne of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage
collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
MoreTrial court correctly revoked man’s probation in 5 cases
September 28, 2012
Jennifer NelsonA Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering
that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
MoreDurham to be sentenced Nov. 30
September 27, 2012
IL StaffTim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance
Co. will be sentenced Nov. 30.
More7th Circuit affirms in part man’s convictions for producing fake documents
September 26, 2012
Jennifer NelsonThere is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling
various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five
or more false identification documents.
MoreSupreme Court case may resolve conflicting misdemeanor probation readings
September 25, 2012
Dave StaffordThe Indiana Supreme Court will hear a case in which the Court of Appeals on rehearing noted conflicting interpretations of
the maximum probation sentence for people convicted of misdemeanors.
MoreStudy committees to look at workers’ comp, criminal history
September 24, 2012
IL StaffThis week at the Statehouse, interim committees will discuss issues including criminal history, criminal sentences and workers’
compensation.
MoreAppellate court upholds life sentence
September 19, 2012
Jennifer NelsonDuane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals
rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
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.