traffic stop
Although Miranda rights were violated, physical evidence still admissible
June 18, 2013
Marilyn OdendahlAlthough a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana
Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
MoreJustices vacate transfer in pot bust case heard in Merrillville
May 31, 2013
Dave StaffordA divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand
after the Indiana Supreme Court vacated transfer.
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.
MoreHabitual traffic violator’s conviction upheld
April 24, 2013
Jennifer NelsonInaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license
is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled
Wednesday.
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.
MoreTrial court improperly suspended driving privileges for life
April 4, 2013
Jennifer NelsonA Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana
Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life,
but that was no longer the case when he was sentenced.
MoreCar’s color alone doesn’t support traffic stop
February 13, 2013
Jennifer NelsonIn a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider
whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable
suspicion of criminal activity.
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 affirm man’s drug conviction
February 6, 2013
IL StaffA man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A
felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.
MoreJudges reverse denial of motion to suppress after car stopped for window tint
January 22, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable
suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint
didn’t justify the stop.
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.
MoreCourt of Appeals rules that blinking turn signal not enough to support drug conviction
October 19, 2012
Marilyn OdendahlFinding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals
threw out a conviction for possession of marijuana.
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.
MoreCOA affirms drug dealing, possession convictions
July 27, 2012
Dave StaffordA man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived
his Fourth Amendment rights, the Court of Appeals ruled Friday.
MoreIn-court marijuana field test ruled error, but not reversible
July 16, 2012
Dave StaffordAn appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have
been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
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.
MoreState concedes traffic stop was invalid
May 10, 2012
Jennifer NelsonOn the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led
to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
MoreMan can't prove ineffective assistance from attorney
May 2, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed
his trial counsel was ineffective.
MoreJustices to hear driving while suspended case at Martin University
April 18, 2012
IL StaffThe Indiana Supreme Court will visit Martin University in Indianapolis Friday to hear arguments in a case over whether a man
driving a scooter could be convicted of operating a “motor vehicle” while his driving privileges were suspended.
MoreJudges order possession charge dismissed
April 17, 2012
Jennifer NelsonRelying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion
to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe
the man was armed and dangerous to justify the pat down.
MoreSupreme Court split over reducing man's sentence
February 22, 2012
Jennifer NelsonThe Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for
having cocaine within 1,000 feet of a school when police stopped his vehicle.
MoreCOA reverses trial court on traffic stop case
February 14, 2012
Jenny MontgomeryThe Indiana Court of Appeals has sided with the state in its appeal of a trial court’s ruling.
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.
MoreDriver's appeal based on misinterpretation of previous COA decision
January 30, 2012
Jenny MontgomeryA woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior
case in support of her appeal.
MoreJudges reverse denial of motion to suppress
January 20, 2012
Jennifer NelsonThe Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving
a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged
him with forgery because his name on the sheet didn’t match what he provided to his employer.
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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.