sentence

Man convicted in 1963 of murder not diligent in pursuing appeal

June 25, 2013
Jennifer Nelson
The Indiana Court of Appeals has denied George Cole’s petition for permission to file a belated notice of appeal following his 1963 murder conviction of a cab driver in Indianapolis and life sentence.
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Appeals court upholds woman’s sentence for treatment of cats

June 21, 2013
Jennifer Nelson
A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.
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Justices affirm conviction but remand for new sentencing order

June 14, 2013
Dave Stafford
A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.
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COA: Courts need to consider proportionality of damages in restitution orders

June 5, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s loss.
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Appeals court tosses 3 of man’s 5 molestation convictions

June 4, 2013
Dave Stafford
A man convicted of five counts of molesting an 8-year-old girl on repeated occasions should only have been convicted of two counts, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit finds meth dealer was acting like a merchant, not a manager

June 3, 2013
Marilyn Odendahl
Although an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.
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Divided COA adds to difference of opinion on partial consecutive sentences

June 3, 2013
Dave Stafford

The Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.

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Appeals court tosses 1 of man’s 6 drug convictions

May 31, 2013
Dave Stafford
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
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Man ineligible to bring belated appeal

May 30, 2013
Jennifer Nelson
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
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Defendant not at fault for failing to timely appeal

May 22, 2013
Jennifer Nelson
The Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to his attorney’s death from cancer shortly after the sentencing hearing.
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Lengthy gun sentence affirmed in 2011 hotel standoff

May 20, 2013
Dave Stafford
A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.
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Appeals panel voids gun conviction, cuts child porn sentence

May 20, 2013
Dave Stafford
An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.
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7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case

May 20, 2013
Dave Stafford
An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.
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Class A felony sentences not inappropriate under Appellate Rule 7(B)

May 17, 2013
Marilyn Odendahl
Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
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COA: Man knowingly pleaded guilty to fraud charge

May 16, 2013
Jennifer Nelson
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.
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Man gets 90 years for murder of girlfriend

May 14, 2013
IL Staff
St. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009. This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
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Man’s prior conviction doesn’t render him a career offender

May 10, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
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COA to trial judges: enter restitution orders at sentencing

May 10, 2013
Jennifer Nelson
The Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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Entering a guilty plea is not a mitigating factor, COA rules

May 7, 2013
Marilyn Odendahl
Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.
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Court affirms murder conviction of man who killed stepdaughter

April 24, 2013
Jennifer Nelson
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
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Admission of violation is too little to revoke probation

April 23, 2013
Marilyn Odendahl
A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.
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Self-defense claim of man who killed 2 fails on appeal

April 19, 2013
Dave Stafford
An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
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Judges affirm restitution order, sentence following deadly crash

April 15, 2013
Jennifer Nelson
A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
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COA rules trial court cannot exceed scope of plea agreement

April 9, 2013
Marilyn Odendahl
A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.
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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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