Resisting convictions overturned for evidentiary errors
A man convicted of two counts of resisting law enforcement has won a reversal after the Indiana Court of Appeals found that certain evidence admitted at trial constituted reversible error.
Double Jeopardy
Articles
COA: Search warrant not defective, but drug possession conviction reversed on double jeopardy
A search warrant that led to dealing and methamphetamine use convictions for a DeKalb County man was not defective, the Indiana Court of Appeals has ruled. But one of his convictions was reversed on double jeopardy grounds.
Inmate’s discipline sanction doesn’t preclude criminal prosecution for same act, COA rules
Disciplinary sanctions imposed by the Indiana Department of Correction against a Miami County inmate for battering an officer did not constitute double jeopardy barring criminal prosecution, the Indiana Court of Appeals has ruled.
COA upholds child molesting convictions but tosses confinement conviction as double jeopardy
A Marion County man who molested a preteen girl failed to persuade the Indiana Court of Appeals that two of his child molesting convictions violated double jeopardy protections, though the appellate court did agree to vacate a lesser conviction of criminal confinement on double jeopardy grounds.
1 of 2 arson convictions vacated for man who burned parole office
A man who set fire to a government building to destroy evidence of pornography constituting parole violations will have one of his arson convictions vacated after the Indiana Court of Appeals used recent caselaw to find a double jeopardy violation.
7th Circuit upholds Elkhart man’s attempted murder conviction
A man who nearly 15 years ago shot two friends — one fatally — could not persuade the 7th Circuit Court of Appeals to reverse his attempted murder conviction and 45-year sentence in a retrial. The man was found not guilty of murder at his first trial and the first jury deadlocked on the attempted murder charge.
Aggravated battery conviction overturned on double jeopardy grounds
A man who broke into his ex-girlfriend’s home and shot the woman and her daughter will have his aggravated battery conviction and related sentence vacated on double jeopardy grounds. Like others before it, the case raised questions about the application of the Indiana Supreme Court’s new substantive double jeopardy analyses.
COA upholds murder, battery convictions under previous, new double jeopardy precedent
A man convicted of murder and battery related to the same incident failed in his double jeopardy argument before the Indiana Court of Appeals, which analyzed both previous caselaw and new double-jeopardy precedent to uphold his convictions.
Conspiracy conviction vacated as double jeopardy in Muncie murder
Despite there being sufficient evidence to support a man’s conspiracy and murder convictions, the conspiracy conviction must be vacated on double jeopardy grounds, the Indiana Court of Appeals has ruled.
Kidnapper who brutalized, ransomed woman gets convictions reduced but sentence stands
A man convicted in a violent kidnapping scheme successfully had two of his felony convictions overturned on double jeopardy grounds, though the Indiana Court of Appeals declined on Tuesday to find an abuse of discretion in the consecutive sentences he received.
COA upholds gang-related sentence enhancement
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
In affirming murder conviction, judge sees double jeopardy ‘dilemma’
The 65-year sentence of a man convicted of murder was affirmed Monday on appeal, but a judge wrote separately to “address a practical dilemma facing appellate courts, lawyers, and litigants” after recent appeals revised longstanding double jeopardy caselaw.
Child porn convictions affirmed over evidence, double jeopardy arguments
An Indianapolis man’s conviction on six counts of possession of child pornography was affirmed Thursday when the Indiana Court of Appeals rejected his claims that the evidence was insufficient and that his convictions violated his constitutional protections against double jeopardy.
New Supreme Court double jeopardy tests lead to COA reversal
An appellate panel has reversed a man’s confinement and kidnapping convictions for violations of substantive double jeopardy, following the lead of two recent Indiana Supreme Court decisions that changed the double jeopardy analysis.
Decisions change double jeopardy analysis, create questions
Recent Indiana Supreme Court decisions changed the tests to prove claims of double jeopardy. Lawyers say it will take time to know the true impact of these rulings, which the Court of Appeals has already applied in multiple decisions, and there’s a likelihood the Legislature could get involved in response to the decisions.
COA: No double jeopardy for murderer under old law, new Wadle analysis
The Indiana Court of Appeals has affirmed a man’s nearly 80-year sentence for murder and robbery after a drug deal turned deadly. It rejected his double-jeopardy arguments, finding neither fit under a new double jeopardy test adopted by the Indiana Supreme Court this year.
14-year sentence affirmed for man who killed 2 in high-speed crash
A man must serve a 14-year sentence for driving his SUV through a red light at 89 mph and killing two women whose car he slammed into in a Speedway intersection, the Indiana Court of Appeals ruled Friday. The decision also further chipped away at 1999 caselaw partially overturned this year that had stood as double jeopardy jurisprudence.
Misdemeanor conviction vacated for man in fatal three-car crash
A man who fled the scene of a three-vehicle crash that killed three people and seriously injured two others has had one of his reckless driving convictions vacated on double jeopardy grounds, the Indiana Court of Appeals ruled Thursday.
Reckless driving conviction vacated in Rochester school bus crash that killed 3 kids
A Rochester woman convicted in a school bus crash that killed three children and seriously injured a fourth had her misdemeanor reckless driving conviction vacated Monday on double jeopardy grounds. However, her felony convictions will stand.
Marijuana, paraphernalia possession not double jeopardy, COA finds
Applying a new test established this year by the Indiana Supreme Court to weigh claims of substantive double jeopardy, a retired justice authored an opinion Tuesday that found convictions of possession of marijuana and paraphernalia are not duplicative punishment for the same crime.