Allen County

Suspended attorney pleads guilty to theft

April 13, 2011
Michael Hoskins
A suspended attorney has pleaded guilty to stealing $283,000 from his clients during dozens of transactions.
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AG files criminal UPL, tax evasion charges against ‘notario publico’

March 25, 2011
Michael Hoskins
Adding to what it has already done in targeting two “notario publicos” for illegally offering immigration services, the Indiana Attorney General’s Office has now filed a criminal Unauthorized Practice of Law charge and several tax evasion counts against one of those non-lawyers who was operating in Indianapolis.
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Attorney general files 'notario publico' civil suits

March 10, 2011
Michael Hoskins
The Indiana Attorney General’s Office filed a pair of civil consumer deception lawsuits Wednesday against two non-attorneys for offering immigration services that constitute the unauthorized practice of law.
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Disciplinary Actions - 3/2/11

March 2, 2011
See who has been suspended, received a public reprimand, and who resigned.
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Justices order man to be re-sentenced

February 3, 2011
Jennifer Nelson
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
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7th Circuit extends search, detainment precedent

February 1, 2011
Michael Hoskins
More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.
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Lawsuit challenges free-expression restriction at airport

January 24, 2011
Jennifer Nelson
A Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts his ability to protest the new screening procedures implemented by the Transportation Security Administration.
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Judges reverse man's removal from sex offender list

January 10, 2011
Jennifer Nelson
A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
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Indiana Family courts receive more than $200,000

January 5, 2011
Rebecca Berfanger
As the family court project of the Indiana Supreme Court’s Division of State Court Administration enters a new year, courts that participate in the program have learned they will continue to operate with about the same amount of funding they have had in recent years.
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Disciplinary Actions - 12/22/10

December 22, 2010
See who's resigned and been reinstated.
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Rule inapplicable as witness’s credibility not attacked

December 1, 2010
Jennifer Nelson
The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.
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Judicial candidates lose elections

November 24, 2010
Michael Hoskins
Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.
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Bose McKinney opens Fort Wayne office

November 1, 2010
IL Staff
After serving clients in the Fort Wayne area for several years, Bose McKinney & Evans today opened an office in the city that will also house the Bose Public Affairs Group.
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Commission on Courts makes recommendations

October 27, 2010
Michael Hoskins
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
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Judges hold option to buy real estate valid

October 22, 2010
Jennifer Nelson
The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.
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Candidacy issues in Allen, Lake counties

September 15, 2010
Michael Hoskins
During an afternoon of heated debate about election law, a state commission kept a controversial incumbent judge on Allen County’s ballot despite arguments he should be disqualified while it essentially pulled another judicial candidate off the Lake County ballot in a challenge involving how the political process put him into the race.
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New approach to foreclosure prevention successful

September 15, 2010
Rebecca Berfanger
Courts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators – who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.
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Panel: 1 judge remains, another off ballot

September 3, 2010
Michael Hoskins
The Indiana Election Commission has pulled one Lake County judicial candidate off the ballot because of how the political process put him into the race, while a controversial incumbent Allen Superior judge remains on the ballot despite arguments that his disciplinary history should keep him off.
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Court: Police shouldn't have made traffic stop

May 19, 2010
Michael Hoskins
An appellate decision today in a drunk-driving traffic stop case out of Fort Wayne illustrates how a lack of knowledge about a particular road’s layout can derail the prosecution of someone who may have been intoxicated behind the wheel.
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Bar associations statewide mark Law Day

May 12, 2010
Rebecca Berfanger
In April and early May, bar associations around the state and the Indiana Supreme Court celebrated Law Day, which is officially May 1, according to the American Bar Association.
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High court addresses provision for 1st time

April 29, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy for injuries covered by workers’ compensation doesn’t apply.
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Court pilot programs boost foreclosure conferences

April 28, 2010
Rebecca Berfanger
Foreclosure rates have remained at record highs for Indiana the past few years, and a court program to help homeowners hasn't been as successful as hoped. That's now changing.
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Book targeting youth touches on deputy prosecutor's experiences

April 28, 2010
Rebecca Berfanger
An Allen County deputy prosecutor has published her first novel for young adults that, while entirely fiction, includes some references to issues she has dealt with in her work handling child abuse cases.
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New foreclosure-prevention initiative announced

April 20, 2010
Rebecca Berfanger
To encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.
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Little court guidance on repressed memory litigation results in trial court split

February 3, 2010
Michael Hoskins
Reaching into a person's mind to revive repressed memories is an issue that's settled law in one sense, but what remains unsettled is how such memories are used during litigation and whether a lawsuit should be tossed or allowed to proceed to trial.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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