sentence
Federal court to decide whether man asked attorney to appeal
September 17, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant
asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
MoreCourt of Appeals rejects typo argument in reversing a sentence for child molestation
September 11, 2012
Marilyn OdendahlIn a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected
the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
MoreNeglect conviction, sentence in child’s death affirmed
September 11, 2012
Dave StaffordThe conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana
Court of Appeals ruled Tuesday.
MoreCourt of Appeals finds 2006 statute does apply to 2001 violation
August 28, 2012
Marilyn OdendahlThe Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision
to convict him of committing a sex offender residency offense.
MoreInmate loses challenge to law ending certain educational funding
August 28, 2012
Jennifer NelsonThe 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted
felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional
rights, the Indiana Court of Appeals ruled.
More7th Circuit rules trial attorneys not ineffective
August 23, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient
or ineffective pertaining to how they handled a man’s sentencing hearing.
MoreMan had no constitutional right to counsel
August 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding
his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
MoreTrial court has no authority to alter man’s conviction
August 17, 2012
Jennifer NelsonAn Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction
to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
MoreCOA finds evidence supporting restitution order too flimsy
August 14, 2012
Marilyn OdendahlA victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed
and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
MoreSentence affirmed for child molestation conviction
August 14, 2012
Dave StaffordAn Adams Circuit judge’s sentence of 90 years in prison for a man convicted of molesting two girls ages 7 and 9 and
for being a habitual offender was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
MoreDivided court affirms life without parole for 17-year-old who killed younger brother
August 1, 2012
Dave StaffordA 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old
brother while babysitting and later dumped his body near a school in Rising Sun.
MoreJustices reduce caregiver’s sentence in child’s killing
August 1, 2012
Dave StaffordThe Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that
led to the murder of the woman’s 2-year-old cousin while in her care.
MoreSupreme Court knocks down habitual-offender enhancement
July 31, 2012
Marilyn OdendahlThe Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon
was an “impermissible double enhancement.”
MoreSummary judgment upheld in contamination case
July 30, 2012
Dave StaffordThe former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated
soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.
MoreCOA reverses sentencing on grounds it exceeded statutory maximum
July 27, 2012
Marilyn OdendahlThe Indiana Court of Appeals agreed with a defendant that her sentence for a Class A misdemeanor possession of marijuana exceeded
the statutory maximum and remanded the case to the trial court for resentencing.
MoreCOA upholds trial court’s actions and sentence during drug trial
July 27, 2012
Marilyn OdendahlA defendant who contended the trial court abused its discretion and imposed an inappropriately harsh sentence had his drug
conviction upheld by the Indiana Court of Appeals.
More245-year sentence affirmed in Hovey Street slayings
July 27, 2012
Dave StaffordThe gunman who pleaded guilty to four murders in the 3200 block of Hovey Street in Indianapolis was properly given and deserved
a 245-year sentence for the crimes, the Indiana Court of Appeals ruled Friday.
MoreJustices: Good-time-credit amendment not retroactive
July 27, 2012
Jennifer NelsonThe Indiana Supreme Court interpreted a 2010 amendment on credit time earned during placement in community corrections to
only apply to those placed on home detention on or after its July 1, 2010, effective date.
MoreAppeals court upholds killer’s PCR denial
July 27, 2012
Dave StaffordA man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled
Friday.
MoreMajority upholds habitual traffic violator conviction
July 26, 2012
Jennifer NelsonFour justices found that Indiana Code 9-30-10-16 indicating when a person commits a Class D felony while driving with a suspended
license is not unconstitutionally vague and evidence supports a man’s conviction of Class D felony operating a motor
vehicle as a habitual traffic violator.
More7th Circuit reverses ACCA enhancement
July 24, 2012
Jennifer NelsonBased on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced
under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to
prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.
MoreCourt upholds probation revocation
July 20, 2012
Jennifer NelsonAll of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court
of Appeals.
MoreJudges affirm 65-year murder sentence
July 20, 2012
Jennifer NelsonNothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce
his murder sentence, the appellate judges ruled Friday.
MoreMan who killed girlfriend may be retried for reckless homicide
July 12, 2012
Jennifer NelsonThe post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter
in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the
same charge, but may face retrial for reckless homicide.
MoreJudges disagree over impact of mental illness label at sentencing
July 11, 2012
Jennifer Nelson7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin
College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts
should testify about his mental illness.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.