Articles

COA split on amended sentence modification statute

In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.

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Judge’s rebuke of Flynn upends sentencing, prolongs case

A federal judge who described himself as disgusted by Michael Flynn’s behavior upended a straightforward sentencing hearing Tuesday, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”

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Abusive boyfriend’s criminal confinement conviction affirmed

The Indiana Court of Appeals found there was sufficient evidence to support a man’s criminal confinement conviction after he beat up his girlfriend, dragged her by the hair and stomped on her already broken leg. The appellate panel found he substantially interfered with her liberty without her consent.

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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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COA reverses restitution for sentencing hearing lost wages

A man convicted of leaving the scene of a vehicle crash he caused will have to pay about $65 less in restitution to the other driver after the Indiana Court of Appeals determined the second driver could not claim lost wages for the time she spent at the man’s sentencing hearing.

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COA denies sentence modification to parolee

A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.

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