misdemeanor

Man charged in pit bull attack on 2 Indiana women

October 12, 2015
 Associated Press
An Indiana man is facing misdemeanor charges after his pit bulls mauled and seriously injured two young women.
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Woman’s comments to police considered political speech, COA rules

June 25, 2015
Jennifer Nelson
The Indiana Court of Appeals overturned a woman's misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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Indiana Supreme Court to review police search struck down by COA

June 1, 2015
Dave Stafford
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
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No abuse in giving jury instruction, but COA still reverses 1 conviction

May 28, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
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COA affirms admission of gun and photographs into evidence

May 27, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
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Majority finds man entrapped to patronize prostitute

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
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COA reissues expungement opinion

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
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Woman’s conviction for threatening apartment manager upheld

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
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Judges find court should have granted expungement

April 17, 2014
Jennifer Nelson
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
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Elected official loses appeal in voter registration removal

March 12, 2014
Jennifer Nelson
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
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Raccoon hunter cleared of conviction for fetching wayward dog

January 28, 2014
Dave Stafford
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
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Admission of return of service did not violate Confrontation Clause

December 20, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
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Judges affirm criminal reckless conviction

December 20, 2013
Jennifer Nelson
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Man convicted before felony classes implemented can’t convert conviction to misdemeanor

October 16, 2013
Jennifer Nelson
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
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Attorney who staged own shooting pleads to misdemeanor

September 25, 2013
Dave Stafford
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.
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Shuai case resolved, thorny legal issues remain

August 14, 2013
Dave Stafford
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
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Expungement forum set for Saturday in Gary

July 18, 2013
IL Staff
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
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‘Term of imprisonment’ is the total time a misdemeanant is incarcerated

February 21, 2013
Jennifer Nelson
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.
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Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor

January 29, 2013
Marilyn Odendahl
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.
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COA orders jury trial on animal cruelty charges

September 28, 2012
Jennifer Nelson
An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
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Woman fails to prove animal fighting statute is unconstitutionally vague

August 31, 2012
Jennifer Nelson
A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.
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COA affirms original sentence revision

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
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Judges reverse felony sexual battery conviction

February 7, 2012
Jennifer Nelson
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
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Lawmakers discuss sentencing

October 26, 2011
Jenny Montgomery
Proposed changes would reclassify drug crimes and emphasize county oversight.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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