Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
Double Jeopardy
Articles
Double jeopardy found in gun convictions, but sentence affirmed
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
COA vacates contempt finding in domestic battery case
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
COA: Son who threatened mom with unloaded pellet gun used ‘deadly weapon’
A man whose felony convictions in a domestic violence case were enhanced because he possessed and used a weapon that turned out to be an unloaded and possibly broken pellet gun lost his appeal arguing the charges against him were wrongly aggravated and that he was a victim of double jeopardy.
Burglary conviction upheld in dispute over pet cats
A man who battered and blinded another man for sending his pet cats to an animal shelter lost his appeal of his felony burglary conviction Wednesday.
Rehearing: COA improperly applied continuous crime doctrine in rape case
A man’s strangulation conviction associated with a rape conviction in the same case will remain vacated despite an appellate panel’s agreement on rehearing that it improperly applied the continuous crime doctrine to his conviction.
Battery convictions upheld for man who shot neighbor with nail gun
A man who bound his neighbors with zip ties, accused them of being police informants and shot one victim several times with a nail gun did not convince the Indiana Court of Appeals that his battery convictions constituted double jeopardy.
Justices to hear arguments in 5 cases, decline nearly 40 others
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
Prosecutorial misconduct claim rejected in meth conviction
A woman’s conviction for dealing meth were upheld after the Indiana Court of Appeals found no issue with comments made by the Franklin County prosecutor in response to allegations of forum shopping raised by defense counsel.
COA rejects double jeopardy argument in McDonald’s shooting
A man convicted in a shooting at a Vigo County McDonald’s has lost his appeal of his criminal recklessness conviction, with the Indiana Court of Appeals rejecting his double jeopardy argument.
Attempted murder conviction vacated for double jeopardy violation
Though there was sufficient evidence to uphold an attempted murder conviction after a Tippecanoe County driveway shooting, the conviction was nevertheless reversed Friday on double jeopardy grounds.
Justices deny transfer to 2 cases that split COA
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
Supreme Court upholds rule allowing state, federal charges
The Supreme Court is upholding a constitutional rule that allows state and federal governments to prosecute someone for the same crime. The court’s 7-2 decision Monday preserves a long-standing rule that provides an exception to the Constitution’s ban on trying someone twice for the same offense.
Supreme Court remands drug convictions to eliminate double jeopardy violations
The Indiana Supreme Court remanded a guilty verdict Monday solely to eliminate the remaining double jeopardy violation in a man’s two drug-related convictions. Both convictions were enhanced based on the same evidence of his possession of a single firearm.
COA tosses shooter’s intimidation conviction as double jeopardy
A man’s attempted murder conviction for shooting at a sheriff’s lieutenant while drunk was upheld by the Indiana Court of Appeals, which also vacated his felony intimidation conviction as double jeopardy.
Double jeopardy violation prompts reversal of man’s child molesting conviction
A man convicted for child molesting was granted relief from one of his convictions after an appellate panel agreed that his double jeopardy rights were violated when the state was permitted to amend a charge for which he had already been acquitted.
COA to hear denied mistrial, attempted murder arguments in Lake, Wayne counties
The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.
COA finds double-jeopardy in drunken man’s hit-and-run conviction
A man who was convicted of drunkenly running down a patron with his car outside a Connersville bar will still spend the same amount of time behind bars, but the Indiana Court of Appeals found several of his convictions violated protections against double jeopardy.
COA: No double jeopardy violations in fatal flight from police
A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.
COA reverses one of multiple firearm convictions on double jeopardy grounds
An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.