Case Results for Criminal Defense Matters
DISCLAIMER: This page contains information about past case results of Kathleen M. Sweeney & Robert Schembs. The information has not been reviewed or approved by the Indiana Bar. Please be aware that the facts and circumstances of your case may differ from those of the cases from which these results have been drawn. All cases handled by Kathleen M. Sweeney & Robert Schembs are not included in these results. The results herein are not necessarily representative of all clients' results. Each case is different, and every case must be evaluated and handled on its own merits.
Kathleen M. Sweeney's Case Results
[ Indystar - Ind. SupCt Overturns Sex Registry Conviction ]
Defense Attorney, Kathleen Sweeney, is interviewed by WISH TV Channel 8 regarding the recent court ruling about removing sex offenders from the list before 1994. To see the television clip, please click here.
[ Click here to view the Supreme Court Opinion ]
A woman sentenced to 15 years in prison for drug possession is acquitted after Sweeney appeals to the Supreme Court on grounds of police misconduct and search and seizure violations.
Read about this case in a press article just released!
Sex-Related and Child-Related Cases:
A convicted sex offender from 1988 was removed from the Indiana sex offenders registry upon the Supreme Court's ruling in favor of Sweeney's argument.
Read about Wallace v. State in a newly released article.
Child Molesting charges DISMISSED after three days of testimony in which the trial court excluded all statements made by alleged victim.
Fire Chief: NOT GUILTY. Township Fire Chief charged with confining and pointing a gun at three people. Jury found Chief not guilty of all seven (7) charges.
Juvenile Correctional Guard: DISMISSED. Juvenile Correctional guard was charged with sexually assaulting a teenage inmate. ALL CHARGES DISMISSED.
Murder and Robbery: DISMISSED. After sitting in jail for three years, Kathleen was retained. Sixty days later, charges for murder and robbery were dismissed and client was released.
Murder: NOT GUILTY. Client was charged with murder. Ms. Sweeney aggressively cross-examined the pathologist obtaining admissions that the ballistics evidence supported self-defense.
Child Molesting-A felonies: NOT GUILTY. Client was charged with A felonies for allegedly fondling his girl-friend's teenage daughter. After the teenager admitted, on cross-examination, that she was jealous of her mother and her new boyfriend, the jury returned not guilty on all counts.
Dealing Cocaine-A felony: After successfully, suppressing the majority of drugs found in client's possession, client pled to D felony.
RICO: Client was employed by a chain of pawn shops and was indicted on RICO charges regarding the events at the pawn shop. The prosecutor finally agreed to an A misdemeanor sentence.
Rape: A Turkish citizen attending graduate school in Indiana was charged with raping an acquaintance. After negotiations, the State allowed client to finish graduate school, and plead only to a D felony thereby avoiding mandatory sex offender registration.
Perjury Conviction: Reversed. Marlowe v. State
New Law made in Suppression:
1500 grams of cocaine suppressed by Ind. Sup.Ct.: Campos v. State, 885 N.E.2d 590 (2008)
Retention of a driver's license can constitute detention. Finger v. State, 799 N.E.2d 528
Incarcerated Confidential Informant deemed unreliable: Coleman v. State, 847 N.E.2d 259
New Sentencing Hearings:
In Life Without Parole Case: Highbaugh v. State, 773 N.E.2d 247
in Federal Drug Case: USA v. Miller, 405 F.3d 551
"A" felony Robbery Conviction Reduced to "C" felony: Spears v. State, 735 N.E.2d 1161
Jury Instruction: Overturned. the Indiana Supreme Court overruled prior cases that had long allowed instructing the jury about victim's testimony and held that the giving of such an instruction was error. Ludy v. State, 784 N.E.2d 459.
Prosecutions Found to be Unconstitutional:
Mueller v. State, 837 N.E.2d 198 (Prosecutor's diversion program found to be discriminatory)
Smylie v. State, 823 N.E.2d 679, Ms. Sweeney was a part of a team of Amicus Curiae counsel in which the Indiana Supreme Court found the sentencing statutes to be unconstitutional which resulted in the re-writing of the statutes.
Robert Schembs' Case Results
***Click here to watch Robert Schembs be interviewed by Harry Smith on CBS Early Show regarding 'Teen Mom' case.***
Truck driver shot and killed fiancé's boyfriend: not guilty (jury trial).
Client faced 50 years for fatally stabbing victim: plead to class C felonies, carrying 2 to 8 year penalties.
Client's fingerprint found on car in position where shooter stood; client confessed to police of being present and having a gun at the time: not guilty (was convicted of D felony marijuana count, for drugs found in his house after his arrest-conceded guilt during trial)(jury trial).
Class A felony dealing (20 to 50 year sentence)-jury trial in absentia (client failed to appear for his own trial; Court required trial to proceed)-hung jury (no verdict possible)-later given plea agreement for Class C felony (2 to 8 year sentencing range).
3 separate Class A felony drug dealing trials -one a hand-to-hand drug delivery to an undercover police officer, one delivery to an informant, who testified to the jury-all not guilty by jury verdict.
Client confessed to possession and dealing, and arrested with half kilo cocaine: sentenced to work release.
Sex-Related and Child-Related Cases:
Client charged with molest of his pre-teen daughter, facing 20 to 50 years, with a mandatory minimum of 20 years imprisonment. Worked out plea to lesser offense, where client faced a maximum of 3 years imprisonment. After arguments to court, client was sentenced to 3 years home detention, and served a total of approximately 14 days in jail.
School custodian charged with 6 to 20 year Class B felony molest of child in day care at his home-case dismissed by State after successful pre-trial motion.
High school wrestler charged with felony molest of blind female student-obtained plea agreement; client received no jail time and a misdemeanor conviction.
Teen-aged daughter accused client, her father, of forcing her to perform sexual act-verdict of not true a Child in Need of Services ("Welfare") hearing-criminal charges not filed.
Young white-collar worker accused of rape by casual date-hired as counsel during police investigation phase-charges not filed.
Corporate executive and wife accused of possession/creation of child pornography involving their own children. Children had been removed from home, and police investigation had begun. Children quickly reunited with family, avoiding prolonged foster care by strangers, and CHINS case not taken forward by Division of Child Services. Client shown to be innocent-no charges filed.
Client arrested for felony neglect of a dependent for locking very young children in room, while client and wife left to get tattoos. Became high-profile case, with children removed from home by Division of Child Services, and client facing up to 3 years in prison. Resulted in quick return of children to home; client shown to be innocent, and charges on client dismissed.
Vehicle Related Matters:
Drunk driving causing death case- client received no jail time after argument at sentencing hearing.
Operating as Habitual Traffic Violator-officer stopped client's vehicle for broken rear window in rear side of car-client was driving and was habitual violator at time-validity of the reason for the initial stop questioned and objected to at trial-overruled by trial court, but objection accepted as valid by Court of Appeals-entire conviction reversed.
Man caught with a gun in his carry-on luggage at Indianapolis airport. Entered into agreement with prosecutor that all charges be dismissed.
Two businessmen found in possession of large quantities of stolen medical prosthetic devices. Criminal charges not filed.
Young man with prior felony conviction arrested for non-suspendable Class C possession of firearm. Uncontroverted evidence of client having gun in his car while driving, with no passengers. C felony dismissed (carried 2 to 8 years), plead to misdemeanor non-gun offenses.
Young businessman charged with B felony robbery for altercation with hate crime overtones. Trial resulted in acquittal on robbery, and eventual conviction of misdemeanor only.
Three young semi-pro football players charged with battery on slightly built young man outside of bar. Testimony for State included police officer witnessing incident. Not guilty at trial, all counts.
Joint Results of Kathleen M. Sweeney & Robert Schembs
Client charged with Class A felony dealing cocaine (min. 20 prison sentence at the time)-plead guilty to a Class D felony, but successfully argued for a misdemeanor sentence-no jail time, no felony conviction.
School librarian charged with 6 to 20 year Class B felony molest of daughter: gave statement to police before being represented-case dismissed by State after three days of contested pre-trial hearing.
Foreign student charged with B felony (6 to 20 year penalty) rape: obtained agreement allowing student to complete school and graduate, serve no jail time, and to voluntarily return to his own country (no deportment)-D felony conviction.
Corrections worker at juvenile facility accused of sexual acts with underage inmate (B felony-6 to 20 year penalty)-highly publicized by elected prosecutor as part of major investigation, including significant TV coverage-dismissed by State-record of arrest expunged at subsequent hearing-1983 civil rights action pending.
Dismissal of 9 felony charges accusing client of theft and fraudulent use of securities totaling a loss of $25 million dollars. Seized funds totaling over $100,000 also returned to client.