sentence

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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COA: Trial court lacked authority to rescind plea agreement

March 12, 2015
Jennifer Nelson
The Indiana Court of Appeals ordered a Howard Superior judge to sentence a man to the terms of the plea agreement that he had entered into on drug charges before the judge revoked the agreement and ordered him to continue to trial.
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Public defender’s brief stricken, COA orders ‘competent counsel’ appointed

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals reiterated Wednesday for at least the fourth time in seven years to a public defender that he cannot use the “manifestly unreasonable” argument to challenge a client’s voluntary manslaughter sentence.
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20-year sentence for $60 drug deal reduced as excessive

March 6, 2015
Dave Stafford
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
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Indianapolis man gets 37 years in Henry County killing

March 6, 2015
 Associated Press
A 35-year-old Indianapolis man has been sentenced to 37 years in prison for using a shotgun to kill another Indianapolis man in Henry County.
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Judges tweak offender’s amount of credit time awarded

March 4, 2015
Jennifer Nelson
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
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Because enhancement vacatur altered sentence, COA vacates plea agreement

February 27, 2015
Jennifer Nelson
Because removing a defendant’s habitual offender enhancement altered the sentence the parties had bargained for, the Indiana Court of Appeals ordered the trial court to vacate the entire plea agreement.
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Elkhart teens try to convince justices to revisit felony murder statute

February 26, 2015
Marilyn Odendahl
An Indiana statute and a 16-year-old Indiana Supreme Court decision interpreting that statute are under review as three teenagers serving 45-year sentences asked the justices to overturn their convictions for felony murder.
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Ex-con tells judge he robbed bank to get sent back to prison

February 26, 2015
 Associated Press
An ex-convict who robbed a bank hoping he'd be sent back to prison told an Indiana judge he wanted to plead guilty only if he received the maximum 8-year sentence.
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Lawyers arguing mental illness in murder conviction appeal

February 25, 2015
 Associated Press
The Indiana Supreme Court is set to hear an appeal of the conviction of a schizophrenic man serving a life sentence in the death of his mother.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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