Articles

Judges disagree on when escape occurs

The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.

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No Brady violation in sex-sting case

A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today.

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Man isn’t entitled to parental privilege defense

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.

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Prior conviction doesn’t fall under exception

The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).

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COA: No credit for pretrial home detention

The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

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Improper venue doesn’t require acquittal

Even though the Hamilton Superior Court erred in concluding it was the proper venue for a felony child solicitation charge, the error doesn't warrant an acquittal of the conviction, the Indiana Court of Appeals concluded today. The case was remanded for retrial in the proper venue of Madison County.

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COA: alternative murder sentence illegal

The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.

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Men took substantial steps to commit crime

The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.

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Convictions don’t violate double jeopardy

The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.

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Judges disagree on public intox conviction

The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.

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COA revises child molesting sentence

The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.

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Mom’s promoting prostitution sentence stands

The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.

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COA: Warrant didn’t need to be admitted

In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.

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COA upholds violent offender registration

The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life.

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7th Circuit rules on sex offender registration

A reasonable grace period is required before the federal government can enhance a convicted sex offender’s punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.

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COA: Collateral estoppel not applicable

The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.

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Man can’t collaterally attack sentence again

The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.

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COA affirms sexually violent predator findings

The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.

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