Durham files to appeal federal conviction
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
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7th Circuit upholds $3M restitution order for copper theft
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
COA not persuaded by defendant’s claims on appeal
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
Lawmakers to look at marijuana penalties
There’s a growing appetite by some in the Legislature for leniency.
7th Circuit affirms drug conspiracy judgments, cautions prosecution
Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.
Successful Durham appeal unlikely, outside lawyers say
The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.
Immigration cases dominate federal system, report says
Immigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
COA affirms sex offender’s removal from registry
A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.
Durham gets 50 years for fraud scheme
Tim Durham will likely spend the rest of his life behind bars after a federal judge on Friday sentenced the disgraced playboy and businessman to a 50-year prison term for defrauding Ohio investors of $250 million.
Latin Kings gang member, 2 others sentenced
A member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.
Durham asks court for 5-year sentence
Convicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want him to serve.
Court affirms man’s conviction of murder, feticide enhancement
The Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
Court correctly dismissed man’s motion to correct sentence
The Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct his sentence stemming from drug convictions in 1994.
COA finds trial court’s error in sentencing was harmless
A trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
Appeals court: Felon waived speedy trial, judge challenges
A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.
Man can’t challenge sentence as illegal
Because a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be reduced.
Court affirms man’s sentence for murdering wife
A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.
Judges amend man’s convictions due to double jeopardy violations
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
Court revises sentence based on plea agreement language
The Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court erred by imposing a sentence that violated the terms of her plea agreement.