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.
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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.
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.
$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.
IMPD officer Bisard trial begins in Fort Wayne
Jury selection began Monday in the trial of an Indianapolis Metropolitan Police Department officer accused of driving while intoxicated, leading to an accident that killed one motorcyclist and injured two others in 2010. David Bisard’s trial was moved to Allen County due to pre-trial publicity.
Teacher’s suggestive messages to student were ‘immoral’ but not a crime, COA rules
Although the Indiana Court of Appeals found a high school teacher’s behavior toward a 16-year-old female student to be “deplorable and immoral,” it overturned his convictions because his actions were not criminal under statute.
COA reverses contempt finding, but upholds sanctions
A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.
Divided COA: Statement on record unneeded to waive jury trial
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
COA clears way for negligence complaint against medical device company
A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.
Jury should hear discrimination suit filed by fired ‘salesman of the year’
The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.
South Bend attorney to be sentenced in December on forgery convictions
A disbarred sole practitioner from South Bend who was found guilty in September on three counts of forgery will be sentenced Dec. 11 in St. Joseph County.
Indiana consumers to receive payout in settlement with negative option marketer
Indiana Attorney General Greg Zoeller announced Thursday that a company accused of deceptive advertising has entered into a $30 million settlement with 48 states, resulting in $238,900 in money for Indiana customers.
Mother unable to show error in terminating her parental rights
A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.
COA still finds supervised visitation argument moot
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
COA affirms parental termination in child’s best interest
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.