Justices uphold Baer’s death penalty
The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.
Felony
Articles
SCOTUS refuses to accept two Indiana cases
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
SCOTUS hears Indiana case
Indiana Federal Community Defender Bill Marsh made his debut appearance before the nation’s highest court on Jan. 12, arguing an Indiana case that questions whether vehicular flight from police is considered “violent” and warrants a higher sentence under the Armed Career Criminal Act.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
Judges find enhancement doesn’t violate double jeopardy principles
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
Justices accept 4 cases
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
Man accused of planning to blow up courthouse sentenced
The Pike County man who was arrested by police after they discovered his plan to blow up that county’s courthouse was sentenced today after pleading guilty to a charge stemming from the incident.
Panel criticizes late discovery introduction
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
Justices sharply split on insanity defense case
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
Justices divided on firearm ‘use’ sentencing
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
Justices: sentence shouldn’t have been upped on appeal
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
COA divided on dismissal of OWI charges
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
Justices split on imprisonment for violating probation
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
SCOTUS takes case on whether vehicular flight from police is a ‘violent felony’
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
Mendenhall gets 40 years for attack
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
COA upholds denial of post-conviction relief
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
Court: stipulation can be in preliminary jury instructions
Even though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession of a firearm by a serious violent felon.
COA affirms murder conviction, sentence of 14-year-old
When asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender, the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
7th Circuit expands inquiry to implicit motion for new attorney
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.