On rehearing, panel rejects double-jeopardy meth conviction claim
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
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Law firm challenge nets $17,500 for Alzheimer’s support
Six Indianapolis-area law firms competed in a challenge to raise awareness and funds for their firm’s teams, raising more than $17,500 for the Alzheimer’s Association’s Walk to End Alzheimer’s held Oct. 13.
10-year Conour sentence disappoints victims
Victims of disgraced wrongful-death and personal-injury attorney William Conour said his 10-year sentence imposed on a wire fraud charge – half the maximum he could have received – left them feeling victimized again.
Opinions Oct. 17, 2013 ILD
Indiana Court of Appeals
Anthony Worl v. State of Indiana (NFP)
29A02-1302-CR-167
Criminal. Affirms convictions of Class A felony child molesting, Class D felony child solicitation and three counts of Class C felony child molesting, as well as a habitual offender determination.
Antonio Hughley v. State of Indiana (NFP)
49A04-1301-CR-40
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony dealing in marijuana.
William J. Eisele v. State of Indiana (NFP)
51A01-1304-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.
Darren Englert v. State of Indiana (NFP)
79A04-1302-CR-88
Criminal. Vacates convictions of Class A felony conspiracy to commit murder, Class D felony criminal confinement and Class C felony conspiracy to commit battery. Affirms convictions of Class B felony conspiracy to commit criminal confinement, Class C felony battery and Class A misdemeanor possession of marijuana and affirms 80-year sentence.
Jeffery Bonds v. State of Indiana (NFP)
49A04-1301-CR-11
Criminal. Affirms conviction of Class D felony invasion of privacy.
Darrail Mix v. State of Indiana (NFP)
49A02-1304-CR-314
Criminal. Affirms convictions of Class D felonies domestic battery and battery and Class A misdemeanors domestic battery and resisting law enforcement.
Frances Ashton v. City of Indianapolis (NFP)
49A02-1210-MI-815
Miscellaneous. Affirms judgment affirming the decision of the merit board of the Indianapolis Metropolitan Police Department to terminate Ashton’s employment as a police officer.
Harold Ferrin v. State of Indiana (NFP)
49A02-1210-PC-839
Post conviction. Affirms denial of petition for post-conviction relief.
Justin Dent v. State of Indiana (NFP)
29A03-1304-CR-128
Criminal. Affirms sentence for Class D felony operating a vehicle as a habitual traffic violator.
Norman T. Podell v. State of Indiana (NFP)
71A03-1302-CR-64
Criminal. Affirms two convictions of Class D felony pointing a firearm.
David Davenport v. State of Indiana (NFP)
49A02-1210-CR-842
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and conviction of Class A misdemeanor resisting law enforcement. Remands for the trial court to impose a sentence on the misdemeanor conviction that comports with I.C. 35-50-3-2.
Miguel Perez v. State of Indiana (NFP)
49A02-1304-CR-288
Criminal. Affirms conviction of Class D felony identity deception.
Bush Truck Leasing, Inc., v. Indiana Farmers Mutual Insurance Company (NFP)
49A05-1304-CT-189
Civil tort. Affirms summary judgment for Indiana Farmers on Bush Truck Leasing’s complaint for declaratory judgment and damages.
FSF Presidential Estates, Associates, LLC, individually and d/b/a Presidential Estates Apartments and Indianapolis Power and Light v. Joshua Grounds, Fleener Roofing & Guttering, LLC (NFP)
49A05-1305-CT-209
Civil tort. Affirms denial of IPL’s motion for summary judgment and Grounds’ motion for partial summary judgment in Grounds’ suit filed to recover damages after he was electrocuted.
Devon Miller v. State of Indiana (NFP)
49A02-1303-CR-286
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Stanley D. Wills v. State of Indiana (NFP)
18A02-1210-CR-834
Criminal. Vacates Wills’ conviction for Class C felony theft as a lesser included offense of robbery and remands for further proceedings. Affirms convictions of Class B felony aiding in the commission of armed robbery, Class B felony conspiracy to commit armed robbery, and Class B felony criminal confinement, as well as finding Wills is a habitual offender.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Oct. 17, 2013
Indiana Court of Appeals
Timothy L. Hyser v. State of Indiana
20A05-1301-CR-37
Criminal. Reverses convictions of Class A felony and Class C felony child molesting. The exclusion of the evidence Hyser wished to present deprived him of a meaningful opportunity to present a complete defense. The state is not barred from retrying Hyser.
Accused molester denied chance to present complete defense
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
Commission on Courts to look at confidentiality of paternity cases
The Commission on Courts will tackle several issues at its meeting Oct. 21, including the confidentiality of juvenile court records in juvenile paternity cases.
Court rules against Menard on roofing company’s lawsuit for payment
The Indiana Court of Appeals ordered summary judgment entered in favor of a roofing services company on claims of breach of contract against Menard Inc., finding Menard was unable to establish a dispute of material fact as to its right to withhold payment.
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.
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.