Criminal case

Man’s prior conviction doesn’t render him a career offender

May 10, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
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State not trying to circumvent adverse ruling in refiling charges

May 10, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential informant.
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Judges reverse teen’s gang-related adjudication

May 9, 2013
Jennifer Nelson
The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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7th Circuit reaffirms drug conviction over claims of ineffective counsel

May 7, 2013
Dave Stafford
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
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More than half of Conour’s inventoried assets gone, feds say

May 3, 2013
Dave Stafford
About half the property that federal agents inventoried after former personal injury attorney William Conour was charged with wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government filings in his federal criminal case.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
A boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the Indiana Supreme Court let stand a reversal of his conviction.
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Gingerich reversal won’t get high court review

March 8, 2013
Dave Stafford
The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
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Proposed changes would make convicted felons serve at least 75 percent of sentence

February 20, 2013
Marilyn Odendahl
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.
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Lawyer arrested for trying to exchange representation for sexual favor

January 21, 2013
Jennifer Nelson
A Marion County attorney has been charged with offering legal services to an undercover police officer in exchange for sex.
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Judges affirm criminal recklessness conviction

December 21, 2012
Jennifer Nelson
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
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3 charged in Indianapolis home explosion

December 21, 2012
Jennifer Nelson
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
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Police had reasonable suspicion to stop men, search bag

October 31, 2012
Jennifer Nelson
The Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony attempted dealing in methamphetamine.
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Criminal recklessness code covers firing gun into car

October 9, 2012
Dave Stafford
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
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Northwest Indiana officials indicted on federal charges

October 5, 2012
IL Staff
Six people in northwest Indiana, including three council members, were indicted Thursday on federal charges resulting from an investigation by the Northern District of Indiana’s Public Corruption Task Force.
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COA rules trial court erred in suppressing blood evidence in Bisard case

September 12, 2012
Jennifer Nelson
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
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Neglect conviction, sentence in child’s death affirmed

September 11, 2012
Dave Stafford
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
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Court affirms convictions of man who shot at teenagers

August 6, 2012
Jennifer Nelson
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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Justices uphold sentence for kidnapping jail officer

July 26, 2012
Jennifer Nelson
In a four-page per curiam decision, the Indiana Supreme Court reinstated the trial court’s 47-year sentence of Roger Bushhorn, who pleaded guilty to charges stemming from his escape, kidnapping and assault of jail officials.
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COA upholds child exploitation convictions

July 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the state presented sufficient evidence to support a Marion County man’s five convictions of child exploitation.
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Man who killed girlfriend may be retried for reckless homicide

July 12, 2012
Jennifer Nelson
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
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7th Circuit affirms life sentences in prostitution ring

July 6, 2012
Dave Stafford
Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.
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Justices divided over man’s conviction of criminal trespass

June 29, 2012
Jennifer Nelson
The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.

 
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SCOTUS rules on FCC case, still no health care decision

June 21, 2012
Jennifer Nelson
The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.
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Durham found guilty on all counts

June 21, 2012
Cory Schouten
A federal jury found attorney and financier Tim Durham guilty Wednesday on all 12 felony counts stemming from what prosecutors charged was a massive Ponzi scheme that cost investors in Ohio-based Fair Finance more than $200 million.
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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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