COA: Despite waiver in plea, man may appeal allegedly unlawful sentence
A man who waived his appellate rights as part of a plea agreement has been granted permission to appeal his 25-year executed sentence as being contrary to law.
Habitual offender
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Split COA tosses habitual offender enhancement after car theft, police chase
A man convicted on multiple charges related to a stolen vehicle and a police chase did not convince the Indiana Court of Appeals to overturn his unlawful possession of a firearm conviction, though a majority of judges did toss his habitual offender enhancement. A dissenting judge, however, would have let the enhancement stand.
Justices vacate habitual offender enhancement after 6-year delay in retrial
A man serving an 80-year sentence for a drug conviction will have his sentence reduced to 50 years after the Indiana Supreme Court ordered that his habitual offender enhancement be vacated.
3-year sentence affirmed for woman who drove after lifetime ban
A woman who was found driving in violation of the lifetime forfeiture of her driver’s license could not convince the Indiana Court of Appeals on Wednesday that her sentence was inappropriate.
Justices to hear arguments at UIndy next month
The Indiana Supreme Court is once again taking its oral arguments on the road, announcing plans to hear a case at the University of Indianapolis next month.
Justices grant transfer in 4 cases, deny 19 others
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
Elkhart drug offender granted Holcomb’s first sentence commutation
A convicted drug offender from northern Indiana will be released from prison about 1½ years early after Gov. Eric Holcomb commuted his sentence. The order issued Wednesday was the first sentence commutation during Holcomb’s term.
Divided appeals court reverses habitual offender adjudication
A split Indiana Court of Appeals has reversed a man’s habitual offender adjudication after finding the state failed to bring him to trial within Indiana Criminal Rule 4(C)’s one-year statutory deadline.
Indiana appeals court: BMV can strip California man’s driver’s license
A man whose driving privileges were revoked after he moved from Indiana to California had them restored by an Indianapolis trial court, but the Bureau of Motor Vehicles won a reversal of that decision Wednesday.
SVF conviction upheld over search, prior felony objections
A man’s conviction for unlawful possession of a firearm by a serious violent felon will stand after the Indiana Court of Appeals found a warrantless search of the vehicle he was riding in at the time of his arrest did not violate federal or state constitutional protections.
Denial of last-minute habitual offender amendment upheld in triple-fatal
A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.
Indiana woman gets 5 years in killing, body-dumping case
A woman who is one of five people charged in a torture-slaying has been sentenced to five years in prison.
COA will hear habitual offender, frat house oral arguments
The Indiana Court of Appeals is set to hear oral arguments this week involving a man’s prolonged fight against his habitual offender status as well as a dispute regarding an Indiana University fraternity house property.
Habitual offender enhancement in plea not involuntary, COA holds
The denial of a prisoner’s petition for post-conviction relief has been upheld after the Indiana Court of Appeals concluded the man’s guilty plea that included a habitual criminal offender enhancement was not involuntary.
Black juror strike upheld despite lack of demeanor finding
A burglary conviction will stand after the Indiana Court of Appeals found race-neutral reasons to strike a black juror, though the appellate court did opine on best practices to avoid confusion in future Batson challenges.
COA reduces counts in armed burglary of elderly Franklin couple
A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.
COA reverses habitual offender enhancement
A habitual offender enhancement for a man with multiple battery convictions has been reversed after the Indiana Court of Appeals concluded his out-of-state convictions could not support such an enhancement under Indiana law.
Double jeopardy principles not violated in OWI enhancement
A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication.
Appeals court rejects belated post-conviction appeal
A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.
Man’s 33-year sentence, admission of heroin evidence upheld
A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.