COA holds false customer review violates no-contact order
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
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Court of Appeals revises robbery sentence
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.
Judges affirm part of sentence, reverse enhancements on double jeopardy grounds
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
Supreme Court rules on habitual-offender filing issue
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
Divided 7th Circuit affirms ‘career offender’ conviction
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
7th Circuit ponders search of cell phone
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.
COA finds double jeopardy in DeLaney attacker’s case
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
7th Circuit affirms sentence for sexual involvement with 12-year-old girl
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
Evidence supports elevated burglary conviction
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
Court split on dismissing murder, attempted feticide charges
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
7th Circuit upholds firearm conviction
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.
Justices uphold driver’s license suspension
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
7th Circuit affirms denial of habeas corpus petition
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
Appellate court affirms murder conviction; reverses on corpse abuse conviction
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
Judges reverse denial of motion to suppress
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
State representative’s attacker permanently disbarred
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
COA: post-conviction proceedings not equivalent to civil proceedings
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
7th Circuit upholds embezzlement convictions against ex-mayor
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
Federal incarceration doesn’t count toward speedy trial clock
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.