sentence
SCOTUS asked to hear stun-belt case
July 20, 2011
Michael HoskinsWhen the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether
the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.
MoreAppeals court splits on new sentence modification issue
July 18, 2011
Jennifer NelsonAn inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding
that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced,
not re-resentenced after a successful appeal.
MorePermanent retroactivity applied to crack-cocaine sentence reductions
July 1, 2011
Michael HoskinsThousands of federal inmates nationally and more than 200 from Indiana could get time shaved off their prison terms for crack-cocaine
convictions, after the U.S. Sentencing Commission voted to make reductions retroactive starting later this year.
MoreHigh court divided on revising molester's sentence
June 30, 2011
Jennifer NelsonTwo justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years,
believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
MoreJustices reduce molester's sentence to 110 years
June 28, 2011
Jennifer NelsonThe Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s
young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
More7th Circuit sends Corcoran case back to trial court
June 23, 2011
Jennifer NelsonFollowing a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes
in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas
relief claims.
MoreJustices rule vehicular flight from police is 'violent' felony
June 22, 2011
Michael HoskinsThe nation’s highest court affirmed an Indianapolis federal judge’s ruling, finding that someone who flees from
police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
MoreStudents receive diverted sentences following protest in governor's office
June 22, 2011
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an
incident in May.
MoreCourt hears appeal over state's objections
June 17, 2011
Jenny MontgomeryA man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea
agreement, the Indiana Court of Appeals held Friday.
MoreCOA vacates conviction on double jeopardy grounds
June 17, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared
of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
MoreJustices address incompetent defendants in 2 cases
June 14, 2011
Jennifer NelsonThe Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some
point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
MoreSCOTUS: Vehicular flight from police is 'violent' felony
June 9, 2011
Michael HoskinsThe nation’s highest court has upheld an Indianapolis federal judge's ruling, finding that someone who flees from police
in a vehicle is committing a “crime of violence” that justifies a longer sentence.
MoreSCOTUS rules on Indiana 'crime of violence' case
June 9, 2011
Michael HoskinsThe nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from
police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
MoreHigh court splits on molestation conviction
June 1, 2011
Jennifer NelsonThe Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony
child molesting 16 years after he last molested his stepniece.
MoreJudges affirm recommitment to DOC
June 1, 2011
Jennifer NelsonRuling on a matter having no cases directly on point, the Indiana Court of Appeals held a trial court had personal jurisdiction
over the defendant when it reordered him back to the Indiana Department of Corrections several years after discovering he
was released prematurely.
MoreJustices rule on first impression issue involving sentence modification
May 26, 2011
Jennifer NelsonThe Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved
erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
MoreState death penalty cases averaged 17 years
May 11, 2011
Michael HoskinsWhen the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital
punishment system.
MoreMental aspect of capital cases can be challenging
May 11, 2011
Michael HoskinsWhen it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than
just expansive legalese and court procedures that span a decade or two.
MoreCredit-time statute amendment not retroactive
April 27, 2011
Jennifer NelsonAn amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs
is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals
concluded Wednesday.
MoreJudges uphold identity thief's sentence
April 22, 2011
Jennifer NelsonIn a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards
under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised
for the federal appellate court to find that the sentence was proper.
MoreCOA: State didn't meet burden for probation revocation
March 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not
satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment
and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
MoreCOA upholds convictions of man who planned to kill attorney, judge, ex-wife
March 22, 2011
Jenny MontgomeryThe Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney,
and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the
conviction.
MoreCircuit Court affirms judgments against 2 ex-IMPD narcotics officers
March 22, 2011
Michael HoskinsThe 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics
detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
MoreJudges uphold man's remanded drug sentence
March 7, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule
when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.
MoreJudges order new PCR hearing on guilty plea issue
February 7, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding
the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory
or involuntary.
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the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!