sentence

COA upholds cocaine convictions, sentence

December 21, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
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Judges uphold finding that past burglaries were not single criminal episode

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
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Justices reinstate 80-year sentence

December 19, 2012
Jennifer Nelson
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
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Justices order modification of sentence of convicted child caseworker to comply with plea agreement

December 17, 2012
Dave Stafford
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
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Durham files to appeal federal conviction

December 17, 2012
IBJ Staff
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
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7th Circuit upholds $3M restitution order for copper theft

December 5, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
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COA not persuaded by defendant’s claims on appeal

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
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Lawmakers to look at marijuana penalties

December 5, 2012
Marilyn Odendahl
There's a growing appetite by some in the Legislature for leniency.
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7th Circuit affirms drug conspiracy judgments, cautions prosecution

December 3, 2012
Dave Stafford
Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.
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Successful Durham appeal unlikely, outside lawyers say

December 3, 2012
Scott Olson
The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.
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Immigration cases dominate federal system, report says

December 3, 2012
IL Staff
Immigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
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COA affirms sex offender’s removal from registry

December 3, 2012
Dave Stafford
A 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.
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Durham gets 50 years for fraud scheme

November 30, 2012
Cory Schouten
Tim 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.
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Latin Kings gang member, 2 others sentenced

November 29, 2012
IL Staff
A 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.
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Durham asks court for 5-year sentence

November 27, 2012
Scott Olson
Convicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want him to serve.
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Court affirms man’s conviction of murder, feticide enhancement

November 21, 2012
Jennifer Nelson
The 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.
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Court correctly dismissed man’s motion to correct sentence

November 21, 2012
Jennifer Nelson
The 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.
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COA finds trial court’s error in sentencing was harmless

November 20, 2012
Marilyn Odendahl
A 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.
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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

November 14, 2012
Marilyn Odendahl
A 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.”
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Appeals court: Felon waived speedy trial, judge challenges

November 2, 2012
Dave Stafford
A 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.
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Man can’t challenge sentence as illegal

October 31, 2012
Jennifer Nelson
Because 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.
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Court affirms man’s sentence for murdering wife

October 31, 2012
Jennifer Nelson
A 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.
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Judges amend man’s convictions due to double jeopardy violations

October 29, 2012
Jennifer Nelson
Because 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.
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Court revises sentence based on plea agreement language

October 24, 2012
Jennifer Nelson
The 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.
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Term of imprisonment reduced by half after COA rules sentence does not fit the crime

October 23, 2012
Marilyn Odendahl
A 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.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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