Court upholds imposition of court costs
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
Sentence
Articles
Divided court affirms sentence that exceeds statutory authority
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
Woman gets 4-year sentence for lying about being injured in State Fair collapse
One of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
Trial court correctly revoked man’s probation in 5 cases
A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
Durham to be sentenced Nov. 30
Tim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance Co. will be sentenced Nov. 30.
7th Circuit affirms in part man’s convictions for producing fake documents
There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.
Supreme Court case may resolve conflicting misdemeanor probation readings
The Indiana Supreme Court will hear a case in which the Court of Appeals on rehearing noted conflicting interpretations of the maximum probation sentence for people convicted of misdemeanors.
Study committees to look at workers’ comp, criminal history
This week at the Statehouse, interim committees will discuss issues including criminal history, criminal sentences and workers’ compensation.
Appellate court upholds life sentence
Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
Federal court to decide whether man asked attorney to appeal
The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
Court of Appeals rejects typo argument in reversing a sentence for child molestation
In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
Neglect conviction, sentence in child’s death affirmed
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Court of Appeals finds 2006 statute does apply to 2001 violation
The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.
Inmate loses challenge to law ending certain educational funding
The 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional rights, the Indiana Court of Appeals ruled.
7th Circuit rules trial attorneys not ineffective
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
Man had no constitutional right to counsel
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
Trial court has no authority to alter man’s conviction
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
COA finds evidence supporting restitution order too flimsy
A victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
Sentence affirmed for child molestation conviction
An Adams Circuit judge’s sentence of 90 years in prison for a man convicted of molesting two girls ages 7 and 9 and for being a habitual offender was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Divided court affirms life without parole for 17-year-old who killed younger brother
A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.