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.
Robbery
Articles
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.
Judges uphold juvenile’s adjudication
The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.
Supreme Court upholds life without parole sentence
The Indiana Supreme Court has affirmed a man’s murder and robbery convictions and left in place his sentence of life without the possibility of parole.
Judges uphold admission of robbery confession
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
Justices uphold murderer’s convictions
The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.
COA orders new trial for overly talkative defendant
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
7th Circuit judge grants prisoner’s request for certificate of appealability
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
COA vacates conviction on double jeopardy grounds
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
Court reverses feticide convictions on double jeopardy grounds
The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
COA affirms remanded sentence
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
COA upholds convictions in Indianapolis Hamilton Ave. murders
The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
Judges: defendant should be able to confront witness
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
Judges order new trial following juror issue
A case involving the issue of a prosecutor’s use of a peremptory strike against an African-American member of the jury pool has appeared before the 7th Circuit Court of Appeals for the third time. This time, the judges vacated the two defendants’ murder and robbery convictions and ordered a new trial.
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.
Judges: DNA admittance was harmless error
The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.