rape
Man’s challenge to requirement he register as sex offender dismissed
February 20, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t
have to register as a sex offender for a 1982 rape conviction in California.
MoreJudges affirm defendant must register as sex offender as part of probation
February 14, 2013
Jennifer NelsonA defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can
still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
MoreJudges uphold sexually violent predator status
February 5, 2013
Jennifer NelsonThe 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.
MoreFederal court stays Roy Lee Ward’s execution
December 4, 2012
Dave StaffordA federal appeals court judge Tuesday granted a stay of execution for an Indiana man convicted of the torturous rape and murder
of a 15-year-old girl.
MoreAppeals court upholds rape conviction
July 13, 2012
Dave StaffordA man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana
Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an
attempt to refresh the victim’s memory.
MoreJudges disagree over impact of mental illness label at sentencing
July 11, 2012
Jennifer Nelson7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin
College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts
should testify about his mental illness.
MoreSupreme Court affirms death sentence in 2001 rape, murder
June 22, 2012
Dave StaffordA man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court
remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.
MoreJudges uphold college student's rape conviction
June 20, 2012
Jennifer NelsonThe man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed
by the Indiana Court of Appeals.
MoreAppeals court affirms attempted rape conviction
June 8, 2012
Dave StaffordA man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an
attempted rape conviction Friday.
MoreDNA swab of juvenile is not fundamental error
May 17, 2012
Jennifer NelsonThe Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that
the trial court erred in admitting this test into evidence, but that the error was harmless.
MoreCOA travels to Valparaiso for arguments
April 12, 2012
IL StaffThe Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
MoreCourt of Appeals revises robbery sentence
April 3, 2012
Jennifer NelsonThe Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence
were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130
years.
MoreJudges affirm denial of post-conviction relief
March 28, 2012
Jennifer NelsonThe Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal
attorneys’ failure to raise these claims created no prejudice.
MoreVictim's statements to nurse allowed, but judges reverse convictions
August 22, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her
attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated.
However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct
evidence involving the defendant and the victim.
MoreMan's convictions upheld despite court's use of inadmissible evidence
August 12, 2011
Michael HoskinsThe Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court
taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s
multiple rape and sexual conduct convictions.
MoreSupreme Court rules on cheek swab case
June 30, 2011
Jennifer NelsonIn a 4-1 decision handed down June 30, the Indiana Supreme Court found a man's consent to the swab of his cheek for DNA
was voluntary, so the swab didn't violate the Fourth Amendment.
MoreEnduring legal process doesn't change parents' desire for justice
May 11, 2011
Michael HoskinsFor 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.
Court of Appeals to hear arguments in Valparaiso
March 24, 2011
IL StaffThe Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
MoreJustices accept post-conviction relief case
March 21, 2011
Jennifer NelsonThe Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate
counsel.
MoreJustices: sentence shouldn't have been upped on appeal
December 10, 2010
Jennifer NelsonThe Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it
on appeal.
MoreWrongfully-convicted man sues for withholding evidence
October 11, 2010
Jennifer NelsonA man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and
various police officers involved in his arrest.
MoreJudges uphold sentence increase on appeal
June 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
MoreCOA lengthens defendant's sentence
March 30, 2010
Jennifer NelsonThe Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what
the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
MoreSupreme Court reverses rape conviction
December 9, 2009
Jennifer NelsonThe Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted
rape of another woman shouldn't have been admitted at trial.
MoreCOA reverses rape conviction in cold case
July 7, 2009
Jennifer NelsonThe Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago,
but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to
support a conviction of a sexual attack against the victim.
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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
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.