Former county auditor accused of embezzling
A federal grand jury has indicted a former northern Indiana official on charges alleging she embezzled more than $150,000.
Theft
Articles
Judge: Inevitable discovery rule could apply under state constitution
The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.
Teen has 1 adjudication overturned, must still pay restitution
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
Court orders man’s records expunged
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
Police allowed to test seized shoe without warrant
The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.
State can’t prove teen stole television he owned with his mother
In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.
COA: Bank could charge back account after check is lost
A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.
Judges affirm expungement of sheriff deputy’s arrest
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
Former GIPC chief faces forgery, theft counts
The former executive director of the Greater Indianapolis Progress Committee was charged Thursday with 26 counts of forgery and one count of theft for allegedly misappropriating more than $96,000 of the organization’s money.
AG files Medicaid fraud charges against Anderson dental office owner and employees
Nine individuals from an Anderson dental office, including three dentists and the owner, are facing criminal charges for allegedly obtaining hundreds of thousands of dollars from Medicaid illegally, the Indiana attorney general announced Wednesday.
Valparaiso attorney slapped with 5th felony charge
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
Charlie White stays free pending appeal
Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.
Woman’s convictions did not subject her to double jeopardy
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
COA: Admission of prior bad acts was a harmless error
The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.
Former Lake County clerk’s convictions upheld by 7th Circuit
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
Convincing evidence, conflicting record doom search challenge
A thief who went from car to car in a hotel parking lot was being watched by a hotel employee, and the credit card and cell phone belonging to guests that police later found on the man was convincing enough that an Indiana Court of Appeals panel discarded claims that the court should have suppressed the result of a search.
COA affirms $1,380 restitution order for missing CDs, coins
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
Server’s electronic tip alteration is forgery, COA rules
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
COA reaffirms separate convictions for check theft not warranted
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.
Indy attorney gets 6 years for estate theft
An Indianapolis attorney who faced felony charges for stealing more than $270,000 from an estate he managed pleaded guilty and was sentenced to six years, the Marion County Prosecutor’s Office announced Tuesday.