Lebanon police arrest man in 26-year-old attempted rape case
The Lebanon Police Department has arrested a man in a 26-year-old attempted rape case after a state lab was able to link him to the crime.
Burglary
Articles
Indiana man set for release after conviction is overturned
A northern Indiana man who faced 50 years in prison before the Indiana Supreme Court overturned murder convictions against him and two co-defendants is set for release this week from a state prison.
Jury instruction splits Supreme Court
Jury instructions that included the interpretation from an appellate ruling split the Indiana Supreme Court as to when trial courts should look beyond the statute.
COA agrees man’s Ohio convictions don’t support SVF charges
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
3 originally sentenced for murder face burglary sentences
Three northern Indiana men sentenced to 50 or more years in prison before the Indiana Supreme Court overturned their murder convictions could be out of prison before the end of the year after being sentenced on felony burglary charges.
3 men to be resentenced after Supreme Court ruling
A new sentencing hearing is scheduled for three northern Indiana men whose murder convictions were thrown out by the Indiana Supreme Court.
2 charged in pastor’s wife killing say little in court
The two men charged in the shooting death of an Indianapolis pastor's pregnant wife said little Tuesday when they faced a judge for the first time since their arrest.
Evidence of new crimes sufficient to revoke probation
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
Justices vacate murder convictions for 3 of ‘Elkhart 4’
Three members of the “Elkhart 4” convicted of murder in a controversial, highly publicized case in northern Indiana had their murder convictions vacated Friday by the Indiana Supreme Court.
Adoption affirmed due to biological dad’s lack of communication
A child’s biological father with a long history of incarceration for crimes including burglary and forgery lost an appeal of the child’s stepfather’s adoption petition.
‘Rushing’ door sufficient for burglary conviction
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
Justices affirm burglary conviction COA tossed out for perjury
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
Double jeopardy lifts 2 of burglar’s multiple convictions
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
Perjury voids conviction; COA refers prosecutor for discipline
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
Appeals court upholds burglary conviction but sends matter back to trial court
The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.
Woman’s burglary conspiracy conviction affirmed
The Indiana Court of Appeals Friday affirmed the conviction of a correctional officer who played a role in arranging the burglary of a safe from a friend’s home.
Court affirms repeat burglar’s sentence
A man who broke into the same property repeatedly and another property at a different time could not persuade an appellate panel that his 24-year sentence was inappropriate because the crimes were from a single episode.
Judges reverse convictions based on use of witness’s statement
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions.
DNA in glove at scene sufficient to uphold burglary conviction
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.
Killer’s 50-year conspiracy sentence vacated as double jeopardy
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.