Articles

Divided COA again allows sentence modification in fixed-sentence agreement

A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.

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Divided Supreme Court throws out juvenile’s LWOP sentence

In a 3-2 decision Tuesday, the Indiana Supreme Court reduced a life without parole sentence for an offender convicted of murder at 17, finding LWOP sentences should be reserved for the most “heinous” juvenile offenders. The dissenting justices, however, found the nature of the crime in question warranted a life sentence.

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Justices to review who can waive rights of mentally ill

The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.

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Child porn convictions against grandfather affirmed

A man accused of taking pornographic pictures of his granddaughter and adding them to an extensive collection of violent child pornography cannot succeed on his claim of ineffective assistance of counsel because he failed to prove he would not have pleaded guilty had his counsel made him aware of alternative defenses, the 7th Circuit Court of Appeals ruled Friday.

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