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.
Sentence
Articles
Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
Proposed changes would make convicted felons serve at least 75 percent of sentence
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.
Justices order new trial for man tried in absentia
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
Prosecutor requesting life without parole for 3 defendants in Indianapolis explosion
Marion County Prosecutor Terry Curry has decided to request life sentences without parole, instead of the death penalty, for the three defendants charged in the Richmond Hill subdivision explosion.
COA affirms murder conviction and sentence over self-defense claim
An Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the lives of people inside his home lost his appeal Friday.
Judges uphold man’s 151-month sentence
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
Woman’s sentence revised because she is not among ‘worst offenders’
A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.
Defendant entitled to resentencing under Fair Sentencing Act
The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
Prisoners can seek reductions of crack cocaine sentences
The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
Judges uphold sexually violent predator status
The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.
Judges uphold sentence, but revise original opinion
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
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.
Dropped charges in habitual offender sentence distinguish conflicting rulings
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
Attempted child molestation conviction does not lead to credit restricted status
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.
Rule of lenity doesn’t apply on man’s escape conviction
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
Justices take 5 cases
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
Ex-Chicago cop among 3 sentenced in Latin Kings prosecutions
The continuing federal prosecutions of the Latin Kings street gang that federal authorities have implicated in 19 murders resulted in a 19-year sentence for a former Chicago police officer.
Justices find man not required to register for life as sex offender
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
Bill on habitual offender filing deadline moves out of committee
The Senate Committee on Corrections & Criminal Law voted this week to move legislation that will allow an indictment or information to be amended to include a habitual offender charge at any time before trial, as long as the amendment doesn’t prejudice the substantial rights of the defendant.