OWI
Defendant's fleeing justifies delayed arrest
May 29, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding
the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
MoreCOA reverses trial court in OWI case
January 30, 2012
Jenny MontgomeryThe Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence,
holding that police did not violate his rights in an unusual traffic stop.
MoreCOA: post-conviction proceedings not equivalent to civil proceedings
January 3, 2012
Michael HoskinsThe Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement
from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has
given local judges final authority in accepting or denying agreements.
MoreCOA delves into grammar in reversing trial court
November 23, 2011
Jenny MontgomeryThe Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial
court’s decision regarding sentence enhancements.
MoreCOA: enhancement isn't an ex post facto violation
October 31, 2011
Jennifer NelsonThe enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did
not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because
his prior conviction occurred before the enactment of the enhancement statute.
MoreCOA denies Miranda rights appeal in drunken driving case
March 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled
to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated
at the time.
MoreJudges uphold OWI conviction
January 21, 2011
Jennifer NelsonEven though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would
have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the
denial of his motion to dismiss the charge.
MoreOngoing appeal could impact IMPD officer's case
January 13, 2011
Michael HoskinsAn Indiana Court of Appeals decision from last fall could prove to be a game-changer for how the state’s largest county
handles the high-profile prosecution of a police officer accused of drunk driving that resulted in one death and other injuries.
MoreCourt rules on farm tractor operation case
December 29, 2010
Michael HoskinsFarm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating
a vehicle while intoxicated, according to the Indiana Court of Appeals.
MoreFormer Marion County prosecutor spokesman pleads guilty
December 20, 2010
Jennifer NelsonA former spokesman for the Marion County Prosecutor’s Office has pleaded guilty to a drunk driving charge and been sentenced
to jail.
MoreAppeals court recalls OWI decision
December 15, 2010
Jennifer NelsonThe Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s
operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t
know what vehicle he needed to defend against operating based on the charging information.
MoreCOA divided on dismissal of OWI charges
December 9, 2010
Jennifer NelsonThe Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed
because the charging information didn’t let the man know what vehicle he needed to defend against operating.
MoreJudges uphold OWI conviction
November 19, 2010
Jennifer NelsonThe Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s
actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were
impaired in order to get a conviction of operating a vehicle while intoxicated.
MoreFelony can't be modified to misdemeanor 9 years later
August 6, 2010
Rebecca BerfangerIn a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.
MoreJustices adopt appellate court findings
June 25, 2010
Michael HoskinsThe Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court
of Appeals decided on two criminal appeals.
MoreCheckpoint doesn't violate separation of powers
June 21, 2010
Jennifer NelsonThe use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
MoreJustices reprimand 2 former deputy prosecutors
May 26, 2010
Michael HoskinsTwo former Marion County deputy prosecutors have received public reprimands from the state’s highest court for drunken
driving incidents.
MoreCourt reverses handgun conviction
April 12, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
MoreCOA: Man didn't personally waive right to jury
November 6, 2009
Jennifer NelsonBecause the trial court erred in finding a defendant waived his right to have a jury hear the enhancement aspects of his drunk-driving
case, the Indiana Court of Appeals reversed his elevated conviction.
MoreNo error in sanctions against state
October 28, 2009
Jennifer NelsonA trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's
discovery violations, the Indiana Court of Appeals concluded today.
MoreSupreme Court grants transfer to OWI case
October 26, 2009
Jennifer NelsonThe Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.
MoreDeputy prosecutor fired after arrest
May 8, 2009
Jennifer NelsonA deputy Madison County Prosecutor has been fired following her arrest for allegedly driving drunk. Deputy Prosecutor Janine
L. Sutton was arrested for operating while intoxicated, a Class A misdemeanor.
MoreCOA: Man's sentence could be increased
April 30, 2009
Jennifer NelsonThe Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions
was applicable to a defendant's sentence.
MoreCOA upholds attorney's felony conviction
April 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of an attorney's motion to have his prior drunk-driving conviction reduced
to a misdemeanor because the attorney was arrested again for drunk driving before completing his probation.
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Interesting that the new laws in criminal code all involve voter fraud
I'm getting divorced and we have prenuptial and judge said it stands even though he made me sign it 2 days before wedding then I be c ame ill and left with nothing butbills
No irony here, John. Conour’s clients are wise to him. Evidently you’ve missed discovery that disclosed Conour was aware he was caught with his hand in the cookie jar, actually many cookie jars, but continued to spend any monies he secured on himself and his lifestyle. Your theory is idealistic and assumes Conour has the soul of a good attorney and therefore he would take care of his clients. Conour has no soul. He greedily took awarded settlements from his disabled clients and spent it on his own edacious desires. You are naïve to think if he kept working he would put his fees into a restitution fund. He is who he is and has proven he will use any means to cheat and manipulate those who trust him and the judicial system that is supposed to protect them. Sorry John, you don’t send the fox back into the hen house after he’s caught devouring the hens. Conour can’t be trusted. He has no more honor than that fox.
The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution