theft

COA affirms car forfeiture when owner arrested for iPhone theft

April 8, 2013
Dave Stafford
A Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.
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Court reverses several theft convictions under single larceny rule

April 4, 2013
Jennifer Nelson
An Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.
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Judges reaffirm reversal of truck forfeiture in pirated movies case

April 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor of Michael Curtis.
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2 Indianapolis attorneys charged with felonies

March 8, 2013
IL Staff
Two Indianapolis attorneys are facing criminal charges after the Marion County prosecutor filed charges in unrelated cases.
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Man’s conviction of auto theft upheld

March 7, 2013
Jennifer Nelson
Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
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Justices: Use preponderance of evidence standard to find probation violation

March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
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Monroe County attorney sentenced for counterfeiting

February 28, 2013
IL Staff
Philip Chamberlain, a Clear Creek attorney accused of stealing from his clients, was sentenced to community service Tuesday by Monroe Circuit Judge Teresa Harper.
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Judges uphold man’s convictions for stealing from neighbor

February 27, 2013
Jennifer Nelson
Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.
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Felon’s convictions, multiple sentence enhancements affirmed

February 26, 2013
Dave Stafford
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
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Former Lake County clerk Philpot sentenced

February 25, 2013
IL Staff
A former Lake County clerk convicted of felony theft and mail fraud in the U.S. District Court, Northern District of Indiana will serve an 18-month sentence and pay a fine of $10,000.
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Thief who aimed to teach victim ‘lesson’ gets no relief on appeal

February 8, 2013
Dave Stafford
An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.
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COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013
Dave Stafford
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
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7th Circuit upholds $3M restitution order for copper theft

December 5, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
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COA not persuaded by defendant’s claims on appeal

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
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Court revises sentence based on plea agreement language

October 24, 2012
Jennifer Nelson
The Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court erred by imposing a sentence that violated the terms of her plea agreement.
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Justices affirm denial of claim arising after arbitration

October 23, 2012
Dave Stafford
A claim arising after a dispute between a company and its accountant was resolved through binding arbitration may not proceed, the Indiana Supreme Court ruled Tuesday.
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Court upholds conviction for theft of water heater

October 16, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
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2 indicted for defrauding company of $1.6M

October 12, 2012
IL Staff
A Fishers, Ind. man, along with a businessman in California, have been charged in the Southern District of Indiana with stealing more than a million dollars from the Indianapolis-area branch of power tool manufacturer Stanley Black and Decker.
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Criminal charges from airsoft gun sale may continue in Indiana

September 13, 2012
Jennifer Nelson
Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.
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Man unable to show prejudice by attorney’s lack of deportation advisement

August 7, 2012
Jennifer Nelson
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
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Court split on man’s forgery conviction

June 22, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.
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COA: Don’t include sales tax in forfeiture calculation

June 21, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled Thursday that a trial court erred in adding sales tax to the value of goods stolen, which allowed the state to seize the car used by the thief.
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Attorney sentenced to 8 years for theft

May 3, 2012
Jennifer Nelson
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
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Supreme Court rules on habitual-offender filing issue

March 20, 2012
Michael Hoskins
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
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Appellate court affirms juvenile committed theft, burglary

January 20, 2012
Jennifer Nelson
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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