Criminal Case

COA denies correction of sentencing order in dismissal

November 2, 2016
Jennifer Nelson
Because the plain language of Indiana Trial Rule 41(B) states that a dismissal operates as an adjudication upon the merits, the Indiana Court of Appeals found there is no need to remand a man’s case to correct his sentencing order as he claimed.
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7th Circuit vacates brandishing sentence for lack of jury finding

November 1, 2016
Olivia Covington
A man convicted of attempted robbery in Indiana federal court will be resentenced after the 7th Circuit Court of Appeals found Tuesday that the jury failed to find that the defendant had actually aided and abetted the brandishing of firearms during the robbery.
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COA: Mentally disabled man belongs in work release, not prison

October 31, 2016
Olivia Covington
A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were  mitigating factors in his sentencing.
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Supreme Court gives new chance to 5 Arizona inmates

October 31, 2016
 Associated Press
The U.S. Supreme Court is ordering Arizona judges to reconsider life sentences with no chance of parole for five inmates who were convicted of murder for crimes they committed before they turned 18.
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COA: Police lawfully entered home; battery conviction upheld

October 31, 2016
Olivia Covington
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana  Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
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Man who broke officer's jaw gets 30-year sentence

October 24, 2016
 Associated Press
A southern Indiana man convicted of punching a jail officer so hard it broke his jaw in three places has been sentenced to 30 years in prison.
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Child porn accuser drops lawsuit against ex-Subway pitchman

October 21, 2016
 Associated Press
The family of a girl who accused Jared Fogle in a child pornography case that led to the former Subway pitchman's imprisonment is dropping a lawsuit against him.
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COA finds victim credible, affirms rape, theft convictions

October 19, 2016
Olivia Covington
After entering a Marion County family’s home with a gun, raping the mother and robbing the family of valuable possessions, the man convicted in the case cannot have his multiple convictions overturned after the Indiana Court of Appeals decided Wednesday that the mother’s testimony was not incredibly dubious.
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Dissenting COA judge seeks to double molester’s sentence

October 19, 2016
Dave Stafford
A dissenting Indiana Court of Appeals judge Wednesday said he would use the court’s authority to double the sentence of a man ordered to serve four years in the Indiana Department of Correction for his conviction of two counts of Class C child molesting.
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COA: Illinois sex offender must register in Indiana

October 19, 2016
Olivia Covington
An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.
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COA allows juvenile expungement despite pending charge

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
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Ex-Lake Station mayor begins serving federal sentence

October 17, 2016
 Associated Press
Former Lake Station mayor Keith Soderquist has begun serving a four-year federal prison term for public corruption.
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ISBA panel says a confession is not always true

October 5, 2016
Marilyn Odendahl
The conviction of Brendan Dassey, the Wisconsin teenager whose admission of guilt and subsequent trial for murder were part of the docuseries “Making a Murderer,” has brought fresh attention to the fact that innocent people do confess to crimes they did not commit
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Underwood man found guilty in death of son, 4

October 4, 2016
 Associated Press
Jurors in Jeffersonville have convicted an Underwood man of battery and neglect in the death of his 4-year-old son.
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Trial starts for dad charged in missing baby case

October 4, 2016
 Associated Press
The trial for an Indianapolis man accused in the death of his 6-week-old son is expected to start Tuesday.
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Inmate death a challenge for states: How to tell victims?

September 30, 2016
 Associated Press
States have struggled to meet a 2004 federal mandate to notify crime victims of certain events, including an offender's death: Most notifications that an inmate has been released from custody don't mention the inmate's death.
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Ex-IU running back pleads not guilty to molestation

September 30, 2016
 Associated Press
Former Indiana University running back Kiante Enis has pleaded not guilty to two counts of felony child molestation for allegedly having an illegal relationship with a girl under age 13.
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Tweeting reporters allowed in court?

September 21, 2016
Olivia Covington
Members of the media and judges are working together to develop standards for journalists who want to cover court proceedings to protect defendants and allow transparency.
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Indiana driver accused of hitting horse-drawn buggy, fleeing

September 6, 2016
 Associated Press
A Yorktown man is accused of hitting a horse-drawn buggy with his pickup truck and then fleeing the scene.
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Anderson woman pleads guilty in 12-year-old girl's death

September 2, 2016
 Associated Press
An Anderson woman has pleaded guilty in connection with the death of a 12-year-old girl who was fatally injured by a lawnmower.
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Indiana woman uses religious objections law in abuse defense

September 1, 2016
 Associated Press
The attorney for a woman charged with child abuse for allegedly beating her son with a coat hanger says Indiana's religious objections law gives her the right to discipline her children according to her evangelical Christian beliefs.
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Man who parked car on I-94 must face OWI causing death charge

August 31, 2016
Jennifer Nelson
Criminal charges against a man who prosecutors say was drunk and parked his car in an interstate lane in the early morning hours, leading to the death of truck driver, will move forward after the Indiana Court of Appeals upheld the denial of the driver’s motions to dismiss and suppress evidence.
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7th Circuit rejects government’s position of inmate self-defense

August 31, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to hold, as the district court did, that an inmate can only use force in self-defense against a correctional officer if the inmate faces death or serious bodily harm.
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Man entitled to serve sentence in jail, not DOC

August 31, 2016
Jennifer Nelson
The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.
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Man’s ineffective assistance of counsel claim fails in 7th Circuit

August 30, 2016
Jennifer Nelson
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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