Attorney David Michael Henn's Legal Cases

Divorce and separation

Glover v. Torrence

Feb 07, 2000

OUTCOME: 723 NE2d 924 (Ind.Ct.App. 2000)

Former wife moved to set aside agreement modifying former husband's child support obligation on grounds of fraud, and to modify former husband's child support obligation. The Marion Superior Court, Pat ... rick L. McCarty, J., sitting without a jury, granted motions, and former husband appealed. The Court of Appeals, Baker, J., held that: (1) former husband's actions in misrepresenting his income for purposes of calculation of child support amounted to intrinsic fraud; (2) former wife was required to commence action to set aside such judgment within one year after its entry; (3) issue of whether former wife should be afforded relief from prior modifications to child support order was outside pleadings and was not tried by consent; (4) trial court did not abuse its discretion in imputing income to former husband based on his reported expenses; (5) total amount of social security income received by former wife was includable in her weekly gross income; (6) allocation of dependency exemption to former wife was not against logic and effect of the facts and circumstances; and (7) award of $6,400 in attorney fees to former wife was not abuse of discretion.

Criminal defense

Goodner v. State

Jul 23, 1999

OUTCOME: 714 NE2d 638 (Ind 1999)

Appeal to Indiana Supreme Court on multiple issues: (1) prior consistent statement by state's witness was inadmissible, particularly since the statement wsa offered after witness left the stand; (2) d ... efendant's Miranda rights were violated; (3) defendant's right against self-incrimination under state constitution was violated; and (4) prosecutor's failure to timely disclose agreement with witness did amounted to prosecutorial misconduct.

Criminal defense

Malone v. State

Oct 21, 1998

OUTCOME: 700 NE2d 780 (Ind 1998)

Appeal to Indiana Supreme Court on multiple issues: (1) challenged physical evidence failed to connect defendant with the crime by way of reasonable inferences; (2) state's misrepresentation to trial ... court that expert witness was unavailable placed defendant in grave peril; (3) probative value of autopsy photograph was outweighed by its likely prejudicial effect on jury; (4) defendant's contention that judge pro tem lacked requisite familiarity with case was sufficient to support claim of reversible error based on her appointment; and (5) certain testimony was hearsay.

Criminal defense

Gant v. State

Apr 30, 1998

OUTCOME: 694 NE2d 1125 (Ind. 1998)

Appeal to Indiana Supreme Court raising multiple issues: (1) the evidence failed to support the finding that the defendant used a knife to stab both victims; (2) the evidence warranted a voluntary int ... oxication instruction; (3) the defendant's claim that his anger at having uncharacteristically engaged in homosexual sex made him kill warranted an instruction on voluntary manslaughter as a lesser-included offense; and (4) a 110–year sentence was manifestly unreasonabl

Criminal defense

Davis v. State

Feb 25, 1998

OUTCOME: 691 NE2d 1285 (Ind.Ct.App. 1998)

Appeal to Indiana Court of Appeals on multiple issues: held that: (1) two charges of murder arising out of single shooting incident in which two people were killed did not constitute “same offense” fo ... r double jeopardy purposes; (2) collateral estoppel did not bar defendant's retrial following his acquittal on one count of murder and declaration of mistrial as to other count; and (3) self-defense instruction sufficiently and properly informed jury of standard to be applied in considering defendant's claim and did not prejudice defendant.

Employment and labor

Regnante v. Indiana Dept of Revenue

Jan 23, 1998

OUTCOME: 691 NE2d 1229 (Ind.Ct.App. 1998)

Appeal to the Indiana Court of Appeals regarding access to court and exhaustion of administrative remedies in adverse employment action

Divorce and separation

Shively v. Shively

Jun 09, 1997

OUTCOME: 680 NE2d 877 (Ind.Ct.App. 1997)

The Indiana Court of Appeals, held that: (1) computer records and summary of them were admissible; (2) former husband was in contempt of dissolution decree; (3) former wife was entitled to half of husb ... and's net, rather than gross, retirement pay; and (4) former wife was entitled to attorney fees.

David Michael Henn's Legal Cases (17)

Glover v. Torrence

Goodner v. State

Malone v. State

Gant v. State

Davis v. State

Regnante v. Indiana Dept of Revenue

Shively v. Shively