Sentence

‘Dismayed’ by trial court, COA orders resentencing

January 31, 2017
Dave Stafford
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.
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Justices revise sentence of man with mental illness

January 25, 2017
Olivia Covington
The justices of the Indiana Supreme Court have revised the sentence of a Daviess County man with a history of mental illness who was convicted of burglary, drawing on the dissent of Indiana Court of Appeals Judge Paul Mathias, who advocated for treatment for offenders who are mentally ill.
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Northeastern Indiana woman gets 20 years in son's death

January 18, 2017
 Associated Press
The mother of a northeastern Indiana boy whose body was found burned in a wooded area has been sentenced to 20 years in prison.
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Mother gets 30-year sentence in death of 4-month-old

January 6, 2017
 Associated Press
A 30-year prison sentence has been handed a 21-year-old Muncie woman who pleaded guilty in connection with the death of her infant son.
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Bill would alter plea agreement, sentencing requirements

January 5, 2017
IL Staff
Judges would no longer be required to advise criminal defendants of the earliest and latest possible release dates under legislation introduced in the Indiana Senate. The legislation also would strike language that shields rejected plea agreements and proceedings from the official court record.
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Man can't seek relief for murder conviction after robbery resentencing

January 4, 2017
Olivia Covington
An inmate convicted of murder and attempted robbery cannot be granted habeas relief for the murder conviction because the statute of limitations for that conviction under the Antiterrorism and Effective Death Penalty Act had passed, despite a resentencing on the robbery charge, the 7th Circuit Court of Appeals decided Tuesday.<
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Ex-head of Jared Fogle's charity seeks sentence review

January 3, 2017
 Associated Press
A man who led former Subway pitchman Jared Fogle's anti-obesity charity wants his sentence for child exploitation and child pornography vacated or modified.
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COA: Trial court’s erroneous statement did not change terms of plea agreement

December 29, 2016
Olivia Covington
A man convicted of drug-related charges must adhere to the waiver of his right  to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
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Last of 5 convicted in fatal house explosion is sentenced

December 29, 2016
 Associated Press
A man who was among five people convicted in a deadly Indianapolis house explosion received a three-year prison sentence, with one year suspended Wednesday, becoming the final defendant sentenced for the blast prosecutors said was a plot to claim insurance money.
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Conour seeks reconsideration of wire-fraud sentence

December 22, 2016
Dave Stafford
Convicted fraudster and former attorney William Conour is arguing that a case decided earlier this year entitles him to an appeal of his entire 10-year sentence for defrauding clients of more than $6.5 million.
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Curry reflects on 4 years of Richmond Hill prosecutions

December 21, 2016
Olivia Covington
More than four years after an intentional home explosion killed two south-side Indianapolis residents and damaged dozens of nearby houses, Marion County Prosecutor Terry Curry said reaching the end of the emotional legal battle is gratifying.
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Indiana man among Obama's granted clemencies nationwide

December 20, 2016
 Associated Press
President Barack Obama has shortened the sentence of an Indiana man convicted of a federal drug crime.
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Kidnapping leader from Detroit gets life in prison

December 16, 2016
 Associated Press
A Detroit man has been sentenced in federal court for leading an Indianapolis kidnapping conspiracy.
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Indiana judge gives father 40 years in 5-year-old's death

December 14, 2016
 Associated Press
An Indiana judge has sentenced a 35-year-old man to 40 years in prison for the death of his 5-year-old son who was found bound and beaten.
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2 Indiana men sentenced to prison for biodiesels fraud

December 5, 2016
 Associated Press
Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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Trump Justice Dept. could shift drug prosecution policies

November 23, 2016
 Associated Press
An Obama administration Justice Department that emphasized the need to be "smart on crime" is being replaced with a Trump presidency that campaigned on being "tough on crime."
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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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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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7th Circuit upholds drug offender’s conviction, vacates life sentence

October 25, 2016
Olivia Covington
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
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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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Hoosiers among 102 drug offenders Obama grants clemency

October 12, 2016
IL Staff
Three Indiana men are among 102 drug offenders whose lengthy federal prison sentences were reduced last week by President Barack Obama.
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Crawfordsville man gets 30 years in infant son's death

October 10, 2016
 Associated Press
A 26-year-old Indiana man has been sentenced to 30 years in prison in the beating death of his infant son.
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Anderson woman gets 38 years in beating death of girl, 12

October 5, 2016
 Associated Press
A judge has sentenced a central Indiana woman to the maximum 38 years in prison after she pleaded guilty to battery and neglect in the death of a 12-year-old girl for whom she was guardian.
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Former Lake Station mayor, wife sentenced in gambling scheme

September 29, 2016
 Associated Press
The former mayor of Lake Station will serve four years in prison and pay tens of thousands of dollars in fines for using campaign money and city food pantry funds to gamble.
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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  4. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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