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In the Matter of the Honorable John M. Plummer III, Judge of the Lawrence Superior Court I, Respondent
No. 26S-JD-115
Judicial disciplinary action. The Indiana Supreme Court finds that Honorable John M. Plummer III committed judicial misconduct by using marijuana, resulting in impairment during a county council meeting and erratic behavior. Following a joint agreement for discipline, the Court imposes a 60-day unpaid suspension as appropriate for the violations of judicial conduct rules. The Court noted factors such as Plummer’s voluntary treatment and lack of prior disciplinary issues in determining the length of suspension. Chief Justice Rush and Justices Massa, Slaughter, Goff, and Molter concur. Attorney for respondent: Glen E. Koch II, Boren Oliver & Coffey LLP, Martinsville, Indiana. Attorneys for Indiana Commission on Judicial Qualifications: Adrienne L. Meiring, Counsel to the Commission; Stephanie K. Bibbs, Deputy Director of Litigation; Conner R. Dickerson, Staff Attorney, Indianapolis, Indiana.
Court of Appeals of Indiana
Zachary A.R. Pontius, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
No. 25A-CR-216
Appeal from the Elkhart Superior Court, Special Judge Michael W. Reed. Zachary A.R. Pontius was convicted of three counts of Level 1 felony child molesting and adjudicated a repeat sexual offender. He filed a motion to correct error alleging that Indiana Criminal Rule 4(C) required dismissal of the charges against him due to delays in bringing him to trial. The court affirmed the trial court’s denial of Pontius’s motion, concluding that delays related to judicial recusal were akin to court congestion and that Pontius had agreed to be tried outside the Rule 4(C) period. Judge May authored the opinion, with Judge Mathias concurring and Judge Felix concurring in result without opinion. Appellant’s attorney: Marielena Duerring, South Bend, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
Court of Appeals of Indiana
Betty A. Leon, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
No. 25A-CR-2182
Appeal from the Huntington Superior Court, Judge Jennifer E. Newton. Betty A. Leon appeals her convictions for several drug-related charges, including Level 2 felony dealing in methamphetamine. The court reverses her conviction for Level 6 felony unlawful possession or use of a legend drug due to insufficient evidence that the pill in question was Cyclobenzaprine. However, the court affirms her 26-year sentence, determining it is not inappropriate given the nature of her offenses, including the large quantity of methamphetamine possessed and her extensive criminal history. Judge May authored the opinion, with Judges Mathias and Felix concurring. Appellant’s attorney: Cara Schaefer Wieneke, Wieneke Law Office, LLC, Brooklyn, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
Court of Appeals of Indiana
Rebecca A. Elshoff v. Donald D. Elshoff
No. 25A-DR-1970
Appeal from the Vanderburgh Superior Court, Judge Leslie C. Shively. The trial court’s order denying Rebecca Elshoff’s motion to reopen her dissolution action is reversed and remanded. The court found that Rebecca’s right to enforce her property settlement agreement, including her portion of Donald Elshoff’s retirement accounts, was not barred by laches or waiver, as the delay was based on her misunderstanding of the decree’s terms. The ruling emphasized that denying her motion would unjustly benefit Donald contrary to their agreement. Senior Judge Robb authored the opinion, with Chief Judge Tavitas and Judge Foley concurring. Appellant’s attorney: Jessie D. Cobb-Dennard, The Northside Law Firm, Westfield, Indiana. Appellee’s attorney: Laurie Baiden Bumb, Bumb Law Office LLC, Evansville, Indiana.
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