sentence

Tim Durham fails to convince judge to reduce 50-year sentence

June 29, 2015
Scott Olson
Convicted Ponzi scheme leader Tim Durham failed Friday afternoon in his bid to get his 50-year prison sentence reduced.
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Judges deny sentence modifications, but for different reasons

June 25, 2015
Jennifer Nelson
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges' reasoning for the denials differed.
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Justices reverse life sentence based on error by judge

June 17, 2015
Jennifer Nelson
The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.
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Jury foreman sent to jail for 30 days for using cellphone

June 12, 2015
 Associated Press
The foreman of a North Carolina jury is spending 30 days in jail because he used his cellphone in the jury room.
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Justices find nature of murders supports death penalty

May 20, 2015
Jennifer Nelson
A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.
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Man’s life without parole sentence upheld

May 20, 2015
Jennifer Nelson
There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.
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Justices acquit two involved in fistfight turned fatal

May 15, 2015
Dave Stafford
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
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Boston bombing jury has question hours into deliberations

May 14, 2015
 Associated Press
Jurors considering the fate of Boston Marathon bomber Dzhokhar Tsarnaev asked a complicated question Thursday on the first full day of deliberations.
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Former Indiana police chief gets 2 years for stealing cash

May 13, 2015
 Associated Press
The former police chief of a southeastern Indiana city has been sentenced to two years in prison for stealing $75,000 in cash that officers seized during criminal investigations.
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Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015
Jennifer Nelson
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
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7th Circuit wants rationale for sentence

May 5, 2015
Marilyn Odendahl
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
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COA orders woman’s sentence revised to include credit time

April 30, 2015
Jennifer Nelson
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
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Revised sentence modification statute not applicable in defendant’s case

April 30, 2015
Jennifer Nelson
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
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Boston Marathon bomber's lawyer urges jury to spare his life

April 27, 2015
 Associated Press
A lawyer for Boston Marathon bomber Dzhokhar Tsarnaev urged a jury Monday to spare the young man's life, portraying him as "a good kid" who was led astray by his belligerent older brother.
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Justices affirm LWOP sentence, admission of suicide note

April 24, 2015
Jennifer Nelson
A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.
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Death penalty sought in suspected serial killings

April 17, 2015
 Associated Press
Prosecutors in Crown Point are seeking the death penalty against a Gary man charged in the slayings of two women and suspected in the deaths of five others.
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Hope town marshal to spend 2 weeks in jail

April 17, 2015
 Associated Press
A southern Indiana town marshal will spend two weeks in jail after a jury in Columbus convicted him of felony misconduct and misdemeanor false informing.
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7th Circuit: No plain error in not applying 'safety valve' in sentencing

April 15, 2015
Jennifer Nelson
Whether firearms belonging to co-conspirators in a drug ring attributed to a defendant for purposes of the firearm sentence enhancement can be considered for a two-level reduction in her offense level under the so-called “safety valve” for nonviolent, first-time drug offenders is a matter of first impression for the 7th Circuit Court of Appeals. But the judges declined to address the issue because the woman failed to raise it at sentencing.
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Judge reduces convicted kidnapper's sentence; man to be freed

April 13, 2015
 Associated Press
A northwest Indiana judge has cleared the way for a man serving three life sentences on rape and kidnapping convictions to be freed after nearly four decades in prison.
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COA revises sentence for molestation of stepson

April 10, 2015
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence as well as no errors by the trial court in affirming five molestation convictions of a man involving his stepson. But, the judges believed his nearly 100-year sentence needs revised.
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New criminal code not applicable to offenses committed prior to enactment

April 8, 2015
Jennifer Nelson
The Indiana General Assembly explicitly stated that the revised criminal code does not apply to penalties, crimes or proceedings that began before the effective date of July 1, 2014, so a man is not entitled to be sentenced under the more-favorable criminal code, the Indiana Court of Appeals ruled.
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Enhancements for different offenses are permissible

April 7, 2015
Marilyn Odendahl
A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.
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Advocate says Indiana woman's sentence for feticide alarming

April 2, 2015
 Associated Press
An Indiana woman received a 20-year sentence in the death of her premature infant, a punishment the head of a national advocacy group called cruel and a misuse of the state's feticide law.
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7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition

April 1, 2015
Jennifer Nelson
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
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Judges affirm drug dealer’s convictions but vacate portion of sentence

March 13, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims that his convictions stemming from his involvement in a drug dealing operation should be overturned, but the judges did vacate the conditions of his supervised release Friday.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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