Court opinions
Appeals court upholds seizure, transfer of suspected drug money
May 21, 2012
Dave StaffordA man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal,
but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.
MorePlaintiffs fail to prove claim that Zimmer misrepresented information
May 21, 2012
Jenny MontgomeryTwo pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing
information, the 7th Circuit Court of Appeals ruled.
More7th Circuit affirms lower court in appeal over firing
May 21, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment
because of her husband’s immigration status.
MoreCourt holds order is not a final action
May 18, 2012
Jenny MontgomeryThe Indiana Court of Appeals has dismissed an appeal from a father, holding that an order regarding an adoption petition is
not a final judgment.
MoreJustices deny rehearing in state back-pay case
May 17, 2012
Jennifer NelsonThree of the five Indiana Supreme Court justices declined to reconsider their decision to cut the amount of back pay certain
state employees could receive.
MoreJudges uphold revocation of probation
May 17, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge
at his hearing on petition to revoke.
MoreMan not prejudiced by lawyer's failure to advise about deportation
May 17, 2012
Jennifer NelsonA defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty
plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
MoreNo error in admitting testimony of domestic violence expert
May 17, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate
four of Indiana’s evidence rules, as the defendant argued.
MoreDNA swab of juvenile is not fundamental error
May 17, 2012
Jennifer NelsonThe Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that
the trial court erred in admitting this test into evidence, but that the error was harmless.
MoreCourt affirms permit to build new wastewater treatment plant
May 17, 2012
Jennifer NelsonThe Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new
wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
MoreJudges uphold convictions of invasion of privacy
May 17, 2012
Jennifer NelsonIn a combined appeal, the Indiana Court of Appeals found Marion County was the proper venue to try a defendant’s invasion
of privacy charges. Dewayne Jones claimed prosecutors couldn’t prove his victims were in Marion County when he called
them, a violation of a no-contact order.
MoreCourt rules man invoked right to counsel
May 14, 2012
Jennifer NelsonThe Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously
and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion
to suppress statements he made to police.
MoreSurety not obligated to pay bond to subcontractor
May 11, 2012
Jennifer NelsonA company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from
a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
MoreState concedes traffic stop was invalid
May 10, 2012
Jennifer NelsonOn the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led
to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
MoreJudges uphold jury's rejection of insanity defense
May 10, 2012
Jennifer NelsonA woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient
evidence to reject her insanity defense.
MoreCOA reverses in foreclosure dispute
May 10, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney
fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad
faith.
MoreNo error in admitting deposition testimony of witness
May 9, 2012
Jennifer NelsonThe Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder
case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.
MoreJudges uphold drug convictions and sentence
May 9, 2012
Jennifer NelsonA defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills
failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation
of privacy in the car, the Indiana Court of Appeals held.
MoreMan can't prove ineffective lawyer assistance
May 9, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his
trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.
MoreChanging, walking to workstations not compensable acts
May 9, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking
to their work stations are undermining the efforts of the union that represents them.
MoreJustices to decide case questioning health care costs charged to uninsured patients
May 7, 2012
IL StaffIndiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804
(Ind. Ct. App. 2011), vacated.
MoreAttorney sentenced to 8 years for theft
May 3, 2012
Jennifer NelsonStacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000
from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
MoreJudges reverse marijuana conviction
May 3, 2012
Jennifer NelsonThe search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial
court abused its discretion in admitting evidence obtained through an inventory search of the car.
MoreCOA finds man was shareholder at time of stock sale
May 2, 2012
Jennifer NelsonA dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue
involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places
shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
MoreMan can't prove ineffective assistance from attorney
May 2, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed
his trial counsel was ineffective.
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Court Calendar
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May 23, 2012 Covered Bridge Homeowners Association vs. Town of Sellersburg, Indiana - 5/23/12
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June 1, 2012 Brotherhood Mutual Insurance Co., et al. v. Michiana Contracting, et al. - 6/1/12
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June 12, 2012 State of Indiana Military Department, et al. v. Continental Electric Co.
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June 19, 2012 The City of Indianapolis v. National Trust Insurance Co., et al.
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G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.
SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.
Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.
Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.
Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.
This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.