Conour gets 10-year fraud sentence
Former attorney William Conour has been sentenced to 10 years in federal prison for defrauding more than 30 wrongful-death and personal-injury clients of close to $7 million.
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Partial shutdown over, for now
President Barack Obama signed legislation Thursday ending the partial shutdown of the federal government and pushing back deadlines before Congress must act again to prevent a similar situation. The announcement from the White House came hours after the U.S. Courts announced federal courts would remain open through Oct. 18.
Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
Brizzi says letting White testify would’ve been ‘disaster’
A judge is hearing arguments from former Indiana Secretary of State Charlie White that his conviction on voter fraud should be thrown out because his lawyer, Carl Brizzi, didn't adequately defend him. IBJ.com has the story.
Opinions Oct. 16, 2013 ILD
Indiana Court of Appeals
John Neal Clark v. State of Indiana (NFP)
82A01-1302-CR-69
Criminal. Affirms sentence for conspiracy to commit forgery as a Class C felony.
The Indiana Supreme Court and Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Oct. 16, 2013
Indiana Court of Appeals
Steven R. Ott v. State of Indiana
20A05-1306-CR-270
Criminal. Affirms denial of Ott’s motion to correct error following the trial
court’s order denying his “Verified Motion to Convert Class D Felony Conviction to a Class A Misdemeanor Pursuant to I.C. 35-50-2-7(c).”
No constitutional violations in stopping car with interim dealer plate
Finding an Indianapolis police officer had reasonable suspicion to conduct an investigatory stop of a car with an interim dealer plate, the Indiana Court of Appeals affirmed the driver’s conviction of Class C felony operating a motor vehicle after his driving privileges had been forfeited for life.
State to appeal ruling in fenced deer-hunting case
The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.
Man convicted before felony classes implemented can’t convert conviction to misdemeanor
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
In arguing for leniency, Conour cites previous ‘stellar’ career
Convicted former attorney William Conour argues in a court filing Wednesday that he deserves leniency in sentencing and should receive less than the minimum advisory range of 14 to 17.5 years in federal prison for defrauding three-dozen clients of nearly $7 million.
Prosecution wants 20-year sentence for Conour, now accused of stealing nearly $7 million
Citing his lack of remorse for the theft of nearly $7 million from clients over the years, federal prosecutors want former wrongful-death and personal-injury attorney William Conour sentenced to the maximum term of 20 years Thursday, according to a sentencing memorandum filed Tuesday.
Opinions Oct. 15, 2013 ILD
Indiana Court of Appeals
In Re The Marriage of Debra Ann Fioritto (Weber) v. Victor Lynn Weber (NFP)
20A03-1303-DR-73
Domestic relation. The trial court erred in concluding that the husband’s spousal maintenance payments should be included in calculations pursuant to the suspension clause. Remands with instructions for the trial court to alter its judgment because husband’s spousal maintenance obligation for the period from February of 2009 through January of 2010 is $10,775.13. Affirms denial of attorney fees to wife.
Aleesha Duensing, Erica Buzalski, Kristi Buzalski and Ray Buzalski v. Wendy Johnson and Kris A. Frazier (NFP)
71A05-1302-CC-69
Civil collection. Affirms summary judgment for Johnson and Frazier in a defamation and slander lawsuit and denies their request for appellate attorney fees.
In Re the Marriage of Jennifer Sausaman and Gregory Sausaman; Jennifer Hutchens (Sausaman) v. Gregory Sausaman (NFP)
43A03-1302-DR-43
Domestic relation. Affirms denial of Hutchens’ petition to modify child custody. Remands to the trial court the issue of the amount of attorney fees due to Sausaman.
William Beeler v. State of Indiana (NFP)
49A05-1209-PC-480
Post conviction. Affirms denial of petition for post-conviction relief.
In Re The Marriage of Patricia Sovinski and Patrick Sovinski; Patrick Sovinski v. Patricia Sovinski (NFP)
02A01-1303-DR-101
Domestic relation. Affirms order of educational support regarding son.
In Re the Paternity of S.P., W.V. v. R.P. (NFP)
18A02-1303-JP-251
Juvenile. Affirms denial of father’s motion to stay the provision of a child support withholding order pertaining to accrued arrearages.
Perfect North Slopes, Inc. v. Nicholas A. Searcy (NFP)
15A05-1305-CT-204
Civil tort. Affirms denial of Perfect North Slopes’ motion to set aside default judgment entered at the request of Searcy on his negligence lawsuit.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Oct. 15, 2013
Indiana Court of Appeals
Judith (Lund) Pherson v. Michael Lund
52A04-1304-DR-180
Domestic relation. Affirms denial of Pherson’s motion to correct error, which challenged a post-dissolution order in response to a motion by Lund for clarification of a pension-fund provision of a property settlement agreement incorporated into a divorce decree. The pension contributions in the 18 ½ years since the dissolution were after-acquired property beyond the scope of the settlement agreement to divide.
Book chronicles Indy attorney’s role in Armstrong doping case
The role of an Indianapolis attorney in investigating and exposing doping by disgraced cycling champion Lance Armstrong is chronicled by two Wall Street Journal reporters in a book released Tuesday.
Prosecution: Conour deserves 20 years; victim tally now nearly $7 million
The toll from fraud perpetrated by former wrongful-death and personal-injury attorney William Conour has increased significantly from earlier estimates, federal prosecutors said in a sentencing memorandum filed Tuesday.
Judges disagree on when duty to exercise ordinary care extends to beneficiaries
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
Ex-wife not entitled to half of pension earned after divorce
The Indiana Court of Appeals held Tuesday that a trial court did not impermissibly modify a property settlement agreement or decree, but simply clarified that the intent of the parties was to divide the marital property acquired during the marriage and before the final date of separation.
Allen County attorney appointed as state representative
Fort Wayne attorney Casey B. Cox is being sworn in Tuesday as state representative for House District 85.
$14.5 million defamation judgment against State Farm stands
State Farm Fire & Casualty Co. is on the hook for a $14.5 million award to a contractor on his defamation lawsuit after the Indiana Supreme Court declined to take the case last week.
7th Circuit affirms above-guidelines sentence for embezzlement
A man’s 60-month sentence for stealing from his employer for many years – a sentence beyond the advisory guidelines range – is reasonable, the 7th Circuit Court of Appeals ruled Friday. The man challenged the District Court’s recalculation of his guidelines range after he appealed his sentence.