Articles

Felony can’t be modified to misdemeanor 9 years later

In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.

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State, federal double-jeopardy challenge fails

A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.

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Court addresses fine line between traffic stop, arrest

The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.

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Court affirms felony nonsupport of a dependent conviction

A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.

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Police entry violated man’s constitutional rights

The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the
man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs
found in the man’s apartment must be suppressed.

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Judges affirm elevated drug convictions

The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.

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Translated transcripts necessary for jury

A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.

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7th Circuit rules on attorney withdraw brief practicalities

Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.

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