Conviction, sentence affirmed for man who fatally shot cousin
The reckless homicide conviction and 12-year sentence given to an Indianapolis man who shot and killed his cousin as the two struggled for control of a revolver was affirmed Friday.
Felony
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Court upholds serious violent felon finding, despite not using term ‘SVF’
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
Non life-threatening injury gets aggravated battery conviction reversed
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
Counties worry about cost of criminal code changes
Sweeping changes to Indiana's criminal code took effect Tuesday that will send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons, causing concern by some about the financial burden it will put on counties.
COA addresses evidence needed for animal fighting conviction
For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.
COA upholds denial of convicted murderer’s motion to dismiss
The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.
Man convicted before felony classes implemented can’t convert conviction to misdemeanor
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
Divided COA: Statement on record unneeded to waive jury trial
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
Charge dismissed in error negates felony DUI enhancement
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
Expungement forum set for Saturday in Gary
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
COA finds no error in Class A felony attempted robbery conviction
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
Complexity of new expungement law raises questions
Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
Criminal convictions and financial penalties do not violate double jeopardy
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
Hamilton County attorney drunken-driving charges include a felony
A Barnes & Thornburg LLP attorney arrested July 7 on suspicion of drunken driving in Hamilton County faces two charges from the incident, including a Class D felony because of a prior conviction.
Convicted ex-coroner hits Brizzi with legal malpractice suit
Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.
Appeals panel voids gun conviction, cuts child porn sentence
An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.
COA says argument over wording of robbery statute is issue of first impression
An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
Appeals court rehearing affirms serious violent felon conviction
An Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana Court of Appeals held Monday.
Hearings set for trio charged in southside Indy explosion
Three people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development will go before a judge in Marion Superior Court on Wednesday.