Articles

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.

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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. 

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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. 

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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.

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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.

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Double habitual offender enhancements upheld

A man with a long history as a traffic violator lost his appeal to dismiss his habitual offender charge after the Indiana Court of Appeals found that current statute gives courts explicit authorization to use the habitual offender enhancement.

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Habitual offender enhancement vacated for failure to inform

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

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Supreme Court hears criminal gang enhancement case

After his criminal gang enhancement was vacated on appeal, a Vanderburgh County man’s sentence for various armed robbery charges reduced from 60 to 30 years. Now, the state is arguing the trial court should have discretion to resentence the defendant in accordance with his crimes, but the defendant claims no such discretion exists.

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