Luigi Mangione’s state murder trial postponed indefinitely amid double jeopardy fight
The defendant’s lawyers seek to have the case thrown out on double jeopardy grounds following his guilty plea last week to federal charges.
Double Jeopardy
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Indiana Supreme Court’s ruling in Indy teen’s machine-gun possession case offers new guidance on ‘double jeopardy’
The Indiana Supreme Court ruled this week that juvenile offenses for possession of a dangerous firearm and possession of a machine gun constituted double jeopardy for an Indianapolis teen, providing more guidance on the test used to determine whether a person is being prosecuted more than once for the same crime.
COA affirms 12-year sentence in rape case, but cites double jeopardy in reversing criminal confinement, pair of sexual battery convictions
An Evansville man’s 12-year aggregate sentence for rape and one count of sexual battery was appropriate, given his prior criminal history and the nature of his sex crimes, but his criminal confinement and two additional sexual battery convictions violated his protection against double jeopardy, the Court of Appeals of Indiana has ruled in a partial reversal.
COA rejects jury instruction, double jeopardy challenges to domestic battery, strangulation convictions
Neither a claim of fundamental error nor a claim of double jeopardy undermined a man’s domestic battery and strangulation convictions, the Court of Appeals of Indiana ruled Wednesday.
IN justices grant transfer in 2 cases, deny case that split COA over new double jeopardy rules
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
Man’s federal conviction for sex crimes doesn’t bar Indiana from prosecuting him on state charges, COA affirms
Indiana’s double jeopardy statute does not bar the state from prosecuting a man already convicted in federal court of sexual misconduct with a minor in a Hammond hotel, the Court of Appeals of Indiana affirmed Friday.
2 aggravated battery convictions related to judges’ 2019 shooting overturned, but defendant’s self-defense, fundamental error claims rejected on appeal
The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld.
COA overturns dangerous possession delinquency adjudication on double jeopardy grounds; panel disagrees on Wadle analysis
A dangerous-possession-of-a-firearm delinquency adjudication has been overturned on double jeopardy grounds, but the Court of Appeals of Indiana also upheld the juvenile’s criminal recklessness adjudication.
Man convicted in second trial after mistrial faced double jeopardy, split COA rules in reversal
A man convicted and sentenced for sexual misconduct with a minor following a mistrial faced double jeopardy in the subsequent trial, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Father loses challenge to sexual abuse convictions, sentence at COA
A father’s requests for a mistrial or a reduced sentence related to his multiple convictions of sexual abuse against his daughters have failed at the Court of Appeals of Indiana.
Sex crimes convictions, 650-year sentence upheld at COA, but dissenting judge points to pre-Wadle double jeopardy rules
The rape-related convictions that led to a man’s 650-year aggregate sentence will stand, as will the sentence itself, a split Court of Appeals of Indiana affirmed Monday in a ruling that included a dissent from one judge on the issue of double jeopardy.
Gunman in 2019 judges shooting argues fundamental error, insufficient evidence on appeal
The man convicted of aggravated battery in connection with the May 2019 shooting of two southern Indiana judges is asking the Court of Appeals of Indiana to overturn his convictions based on fundamental error and double jeopardy violations.
COA: Father’s neglect, battery convictions didn’t constitute double jeopardy
A man’s convictions for felony neglect and battery in an incident that ultimately resulted in the death of his son did not constitute a double jeopardy violation, the Court of Appeals of Indiana affirmed Thursday.
Double jeopardy rights weren’t violated in aggravated battery case, but credit was miscalculated
A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.
COA affirms child molesting convictions, 41-year sentence
A man challenging his child molesting convictions and 41-year sentence found no relief at the Court of Appeals of Indiana.
COA upholds habitual offender enhancement as timely filed
A habitual offender enhancement that was filed 21 days before a trial that was eventually rescheduled was not untimely, the Court of Appeals of Indiana has ruled.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
COA affirms machine gun adjudication for teen who had pistol with ‘Glock switch,’ reverses 2nd adjudication for double jeopardy
A teen arrested for possession of a modified pistol will not shake his machine gun adjudication but has convinced the Court of Appeals of Indiana that a juvenile court violated double jeopardy principles when it also tacked on a possession-of-a-dangerous-firearm offense.
Supreme Court rules against Navajo Nation member
The U.S. Supreme Court ruled Monday that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court, which can result in longer sentences.
COA: Child molester’s multiple felony convictions pass Wadle test
A man’s convictions of two felony counts of child molesting don’t violate double jeopardy principles, according to the Court of Appeals of Indiana.