Indianapolis, IN
Criminal defense Lawyer at Indianapolis, IN
Practice Areas: Criminal Defense, Federal Crime, Civil Rights
OUTCOME: charges dropped, Case dismissed
Charges against man accused of fire at the Cosmopolitan dropped after confession shown to be false. http://www.wthr.com/story/10104829/arson-witness-now-claims-suspects-innocence
OUTCOME: reversed in part
The trial court's judgment on the town's motion to correct error was reversed to the extent of holding the town zoning appeals board issued a valid conditional approval of the property owner's applicat ... ion for a development standards variance from the zoning ordinance. Its judgment that the zoning appeals board's revocation of conditional approval was void was affirmed. Also, it remanded the case to the trial court for further proceedings.
OUTCOME: The judgment of the trial court was affirmed, but the case was remanded with instructions for the trial court to clarify the date on which the mother's child support obligation terminated.
Regarding the emancipation of the child and child support: The appellate court concluded that mother met her burden of proving that the son no longer required such parental care and support. The cour ... t remanded for determination of the issue of whether support terminated on the date of emancipation or on the date the court found the son emancipated.
OUTCOME: charges dismissed.
murder charges dropped after confession proven to be unreliable was tossed. http://www.wibc.com/blogs/charges-dropped-1994-murder-child
OUTCOME: Court affirmed for wife on her counterclaim but reversed judgment against sellers on their breach of contract claim, and remanded for recalculation of damages and sellers' own attorney fees, as provided for in contract of sale.
The sellers sold their pizzeria to the buyer. Part of their consideration was a commission on sales while the premises remained subject to their existing lease from the mall where the restaurant was lo ... cated. The parties later negotiated a lower commission payable as long as the buyer operated a pizzeria in the mall. When the buyer renegotiated his lease with the mall, he stopped paying the commission, and the sellers sued the buyer and his wife. The appeals court upheld an award of attorney fees to the wife, because the sellers acted frivolously in suing her, given her non-party relationship to the contract. However, the parties had validly modified their former contract, so the sellers should have recovered on their breach of contract claim. They accepted lower commissions for a longer period. The contract modification was not unconscionable, and unjust enrichment did not apply in cases of express contracts.
OUTCOME: reversed in part,and affirmed in part.
Defendant convicted for conspiracy to deal in cocaine, and other charges appealed. Since the hearsay evidence was improperly admitted and there was no other independent evidence of a conspiracy, that ... count was dismissed. The appellate court also found defendant did not constructively sell cocaine within 1000 feet of a school or public park. However, the court upheld the conviction for selling more than three grams of cocaine.
OUTCOME: The court vacated defendant's conviction for robbery.
The court vacated defendant's conviction for robbery, finding that because robbery was the underlying felony used to support the felony murder count, conviction and sentence for both felony murder and ... robbery violated the prohibition against double jeopardy. There could be no conviction for felony murder without the underlying felony, so conviction of both offenses violated double jeopardy principles. Defendant did not allege or prove that he would not have entered the plea agreement had he been properly advised of the double jeopardy issues nor did he allege or prove that his plea was involuntary or unintelligent. Accordingly, the court did not vacate the entire plea agreement and allowed the conviction for felony murder to remain.
OUTCOME: The judgment denying the mother's motions for counsel and a jury trial were affirmed and the cause was remanded for indigency determination.
First case acknowledging the right to a public defender in the area of CHINS cases: "If the trial court determines that Dunn does not have the resources to hire private counsel, then counsel must be a ... ppointed for her and paid at public expense. "
OUTCOME: Case remanded.
appeal from the finding of direct contempt. Court held the defendant was entitled to a hearing with the full panoply of procedural safeguards provided by Ind. Code § 34-4-8-1 and Ind. Code § 34-4-7-8 ... before a determination could be made.
OUTCOME: The court reversed a judgment which convicted defendant of child molestation as alleged in the amended count. In all other respects, the court affirmed the judgment of the trial court.
the court held that defendant's jury instruction argument had been waived and that the alleged error had not been fundamental. The court held the error had not been fundamental because it had not been ... so prejudicial as to deny defendant a fair trial. The court also held the information had sufficiently apprised defendant of the charges because it had mirrored the statutory language defining the crime. Finally, the court held there had been sufficient evidence to support the conviction because there had been testimony to prove the victim's age when the molestation occurred.
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