Articles

Man entitled to serve sentence in jail, not DOC

The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.

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Man loses challenge to robbery being a violent felony under ACCA

A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.

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Double jeopardy voids two cocaine convictions

A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.

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Habitual offender changes not retroactive, COA holds

In affirming an Indianapolis man’s conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state’s habitual offender statute enacted a year ago are not retroactive.

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