Bill reforming criminal code passes Senate committee
The first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections and Criminal Law Thursday by a vote of 8-1.
Sentence
Articles
Judges reduce sentence due to ineffective trial counsel
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
Criminal Code bill gets Senate hearing
Concerns over sentencing provisions and pleas for adequate funding dominated the Senate hearing on legislation overhauling the state’s criminal code.
Indiana Senate to hold hearings on crime bills
Two crime bills moving through the Indiana General Assembly are on the agenda for Senate hearings next week.
Justices order resentencing on habitual offender sentences
The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.
Justices reaffirm ruling on sentence enhancements under habitual offender statute
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
Evidence shows stabbing by inmate wasn’t in self defense
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
7th Circuit again reverses drug sentence for minor role reduction
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
Justices: Use preponderance of evidence standard to find probation violation
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
7th Circuit affirms kidnapping and extortion convictions, sentence
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
Monroe County attorney sentenced for counterfeiting
Philip Chamberlain, a Clear Creek attorney accused of stealing from his clients, was sentenced to community service Tuesday by Monroe Circuit Judge Teresa Harper.
Long expects Criminal Code revision will get Senate approval
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.
Trial court denied due process in revoking probation
A man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment program imposed by the court will receive a new hearing.
Consecutive sentences in drug buy case ruled inappropriate
A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.
Felon’s convictions, multiple sentence enhancements affirmed
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
‘Sovereign citizen’ gets 40-year sentence
A self-identified sovereign citizen was sentenced last week to 40 years in prison for felony convictions of kidnapping and intimidation of a witness.
Interstate defendant denied due process in hasty sentencing trip
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
High-priced Chicago firm handling Durham’s appeal pro bono
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.