sentence
Nonsupport of dependent enhancement not based on number of children
February 17, 2012
Jennifer NelsonThe Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent
child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of
how many children the parent has.
More7th Circuit affirms sentence for sexual involvement with 12-year-old girl
February 17, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old
Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced
within the correct guidelines range.
MoreCOA affirms original sentence revision
February 8, 2012
Jennifer NelsonThe Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision
on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision
in all respects.
MoreJudges affirm credit restricted felon status
February 8, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting
instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
More7th Circuit upholds firearm conviction
February 3, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking
crime, finding there was sufficient evidence to support the conviction.
MoreJustices uphold driver's license suspension
February 3, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of
possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the
vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle
when he commits the offense.
More7th Circuit affirms man's remanded sentence
February 2, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce
or entice a minor to engage in sexual activity.
MoreJudges uphold convictions for attempted trafficking with an inmate
January 25, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking
with an inmate violates the proportionality clause of the Indiana Constitution.
MoreCOA: Judge didn't err in rejecting master commissioner's sentence
January 25, 2012
Jennifer NelsonThe Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence
of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter
a final judgment on the sentence.
MoreJustices rule on Post-Conviction Rule 2
January 24, 2012
Jennifer NelsonThe Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to
use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition
to file a belated direct appeal.
MoreCOA: sentence waiver is valid
January 24, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of
appeal, finding that she waived the right to challenge her sentence in a direct appeal.
MoreJudges refuse to create another intoxication defense
January 19, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to
his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
More7th Circuit rules on drug sentences
January 12, 2012
Jennifer NelsonIn a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug
offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United
States v. Corner.
MoreHigh court reverses habitual offender enhancement
January 12, 2012
Jennifer NelsonBecause the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender
enhancement, the Indiana Supreme Court reversed the enhancement.
MoreCOA: post-conviction proceedings not equivalent to civil proceedings
January 3, 2012
Michael HoskinsThe Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement
from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has
given local judges final authority in accepting or denying agreements.
MoreCourt reinstates man's direct appeal
December 29, 2011
Michael HoskinsThe Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted
robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel
the first time he tried to challenge his convictions and sentence.
MoreTrial court used wrong legal standard in revoking probation
December 28, 2011
Jennifer NelsonThe Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated
her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard
of a preponderance of evidence.
More7th Circuit upholds embezzlement convictions against ex-mayor
December 28, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government
funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
MoreEx-Dow Agro scientist receives 7 years for economic espionage
December 22, 2011
IBJ StaffA federal judge on Wednesday sentenced a former Dow AgroSciences researcher to more than seven years in prison for sending
trade secrets worth millions of dollars to China and Germany.
MoreEx-Dow Agro scientist set to be sentenced in espionage case
December 21, 2011
Scott OlsonFederal prosecutors are recommending that a former Dow AgroSciences researcher be sentenced to more than seven years in prison
for sending trade secrets worth millions to China and Germany.
MoreFederal incarceration doesn't count toward speedy trial clock
December 20, 2011
Michael HoskinsThe Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who
alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within
a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
MoreCOA delves into grammar in reversing trial court
November 23, 2011
Jenny MontgomeryThe Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial
court’s decision regarding sentence enhancements.
MoreCOA orders trial court to award credit for time served
November 22, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was
insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment
program.
MoreJustices: court could impose only 1 juvenile commitment
November 17, 2011
Jenny MontgomeryThe Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate
commitment.
MoreMan entitled to new probation revocation hearing
November 15, 2011
Jennifer NelsonThe Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons
by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
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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.