Articles

COA reduces counts in armed burglary of elderly Franklin couple

A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.

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Appeals court rejects belated post-conviction appeal

A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.

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Man’s 33-year sentence, admission of heroin evidence upheld

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

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Convicted forger, ID thief loses appeal of suit against victims

The Indiana Court of Appeals affirmed the grant of summary judgment to several relatives and the landlord of man convicted of stealing and frequently using his parents' financial accounts and personal items to fund his gambling. The COA found the relatives were entitled to judgment as a matter of law.

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Habitual offender enhancement vacated for failure to inform

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

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Prominent Anderson attorney faces OWI, habitual offender counts

An Anderson attorney who is the son of the city’s mayor and served as a deputy city attorney faces drunken-driving charges after he was allegedly involved in a property damage crash. The Madison County Prosecutor’s Office also is seeking habitual offender status against the lawyer.

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Supreme Court hears criminal gang enhancement case

After his criminal gang enhancement was vacated on appeal, a Vanderburgh County man’s sentence for various armed robbery charges reduced from 60 to 30 years. Now, the state is arguing the trial court should have discretion to resentence the defendant in accordance with his crimes, but the defendant claims no such discretion exists.

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