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.
Criminal Case
Articles
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.
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.
Court orders re-trial after jury instruction error
The Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court failed to properly instruct the jury on accomplice liability.
7th Circuit panel opines practical tips
The 7th Circuit Court of Appeals has some practical advice for criminal law attorneys who go before federal judges: have handy a copy of federal criminal procedure rules, particularly those involving plea discussions at sentencing, and don’t be afraid to correct or point out omissions to a judge.
COA: Let a sex offender stipulate
A convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
7th Circuit cautions about propensity inference
The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how
a previous drug conviction showed the man had intent or absence of mistake in the instant case.
7th Circuit rules on multiplicitous convictions
The 7th Circuit Court of Appeals encountered for the first time the issue of whether a single incident of firearm possession can support multiple convictions under United States Code when the defendant is included in more than one class of people who are disqualified under the statute from possessing firearms.