10-year sentence for 5-finger discount not inappropriate, COA rules
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
Robbery
Articles
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.
Pair convicted in liquor store killing not entitled to DNA evidence
Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.
Judges affirm defendant must register as sex offender as part of probation
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
Judges uphold convictions stemming from bank robbery
Terry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.
Judges affirm 53-year sentence for bank shooting
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
Judges affirm 911 recording properly admitted as evidence
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
Statute of limitations did not run out on charging man with attempted bank robbery
A northern Indiana man’s conviction for attempted bank robbery stands after the 7th Circuit Court of Appeals found the five-year statute of limitations to bring the charge began tolling under an exception involving DNA testing.
Trial court should not have admitted statement to detective
The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.
Court of Appeals points to ‘alarming trend’ in defendant’s appeal
A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.
Appellate court upholds life sentence
Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
Judges order new robbery trial
Because a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.
Judges affirm teen’s sentence for robbery, conspiracy
An Elkhart teenager convicted in adult court for her role in several armed robberies of gas stations lost her appeal before the Indiana Court of Appeals.
7th Circuit upholds 300-month sentence
The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.
Opinion examines use of sole eyewitness testimony
The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.
Man not prejudiced when prosecutor read illiterate witness’ statement before jury
Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.
Court of Appeals revises robbery sentence
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.
Supreme Court rules on habitual-offender filing issue
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
Court upholds robbery conviction
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
Divided 7th Circuit affirms ‘career offender’ conviction
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.