OWI
Man ineligible to bring belated appeal
May 30, 2013
Jennifer NelsonBecause his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from
challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his
sentence under Ind. Post-Conviction Rule 2.
MoreOfficer had probable cause to believe defendant drove while drunk
May 24, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take
a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther
drove his truck while intoxicated and that he knowingly refused to take the chemical test.
MoreConvicted ex-coroner hits Brizzi with legal malpractice suit
May 23, 2013
Dave StaffordFormer Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct
case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County
Prosecutor Carl Brizzi.
MoreOfficer pleads not guilty to new drunken-driving charges
May 1, 2013
IL StaffDavid Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving
charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
MoreIndianapolis officer faces more drunken-driving charges
April 30, 2013
IL StaffThe suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others
in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
MoreCOA: Driving to avoid potholes isn’t enough to stop car
April 24, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did
not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road
conditions.
MoreCourt of Appeals rethinks previous opinion on traffic stops
April 23, 2013
Marilyn OdendahlCiting several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line
or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
MoreJudges affirm restitution order, sentence following deadly crash
April 15, 2013
Jennifer NelsonA man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring
the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
MoreCOA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
MoreToxicology lab witness’s failure to appear dooms drunken-driving conviction
April 8, 2013
Dave StaffordA Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than
a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana
Court of Appeals ruled Monday.
MoreJudges reduce sentence due to ineffective trial counsel
March 27, 2013
Jennifer NelsonThe 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.
MoreIndianapolis police officer’s trial moved to Allen County
February 15, 2013
IL StaffThe trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one
motorcyclist and injuring two others, will be moved from Marion County to Allen County.
MoreIn affirming DUI on appeal, judges include predictive warning
February 11, 2013
Dave StaffordAn argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test
machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote
that such a ruling could cost criminal defendants.
MoreFloyd County attorney charged with drunken driving
February 11, 2013
Dave StaffordA southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest
on Feb. 7.
MoreJudges uphold sentence, but revise original opinion
February 1, 2013
Jennifer NelsonThe 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.
MoreTraffic stop based on companion’s statement did not violate constitutional protections
January 2, 2013
Marilyn OdendahlPolice had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals
has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
MoreJustices reverse COA, hold state’s appeal timely
November 6, 2012
Dave StaffordThe Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression
of evidence in a drunken-driving case.
MoreBisard asks Supreme Court to rule on blood-draw admissibility
October 19, 2012
IL StaffAttorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine
whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving
his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
MoreDivided court affirms sentence that exceeds statutory authority
October 9, 2012
Dave StaffordA 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.
MoreCourt correctly ruled toxicology department audit results ‘irrelevant’
September 6, 2012
Jennifer NelsonThe Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of
toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department
from 2007 to 2009, the Indiana Court of Appeals held Thursday.
MoreMan’s additional charges should have been dismissed
September 5, 2012
Jennifer NelsonThe Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges
because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
MoreTrial court has no authority to alter man’s conviction
August 17, 2012
Jennifer NelsonAn 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.
MoreJudges affirm drunk-driving conviction
August 9, 2012
Jennifer NelsonA Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a
Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
MoreDrunken driving conviction affirmed; lesser included charge vacated
July 5, 2012
Dave StaffordA Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the
court ordered a lesser included charge on which the driver was convicted be merged.
MoreJudges reverse football player’s operating while intoxicated conviction
June 27, 2012
Jennifer NelsonThe Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination
of which conviction should be vacated after a finding of double jeopardy.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!