Courts
Feds charge 5 in Indy Land Bank kickback scheme
May 21, 2013
Cory SchoutenFederal prosecutors have charged two Indianapolis city employees in the Department of Metropolitan Development and three others
in a scheme involving cash kickbacks on the sale of properties in the Indy Land Bank.
MoreCasino patron hurt in fall on ice has self to blame, appeals court rules
May 21, 2013
Dave StaffordA casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost
his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.
MoreJuvenile reversal sets new conditional admissions standard
May 21, 2013
Dave Stafford
A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must
handle conditional admission agreements when probable cause is disputed.
BMV ‘may have inadvertently overcharged’ for licenses
May 21, 2013
IL StaffThe Bureau of Motor Vehicles acknowledged in response to a multi-million-dollar class-action lawsuit that it “may have
inadvertently overcharged” Indiana residents for driver’s licenses.
MoreConour has until week’s end to recoup missing assets
May 21, 2013
Dave StaffordFormer personal injury attorney William Conour on Monday was granted a few more days to comply with a court order to reacquire
assets he dissipated in violation of bond conditions pending his federal wire fraud trial.
More'Pleading the Fifth' not the same as admitting to criminal act
May 20, 2013
Marilyn OdendahlA reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself
is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
MoreLengthy gun sentence affirmed in 2011 hotel standoff
May 20, 2013
Dave StaffordA federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase,
assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August
2011.
MoreCourt rules county may re-establish hospital building fund
May 20, 2013
Dave StaffordJasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel
a hospital, the Indiana Tax Court ruled.
More7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
May 20, 2013
Dave StaffordAn Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s
apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be
resentenced.
MoreLawyer who emailed nude film clip to harm ex-intern suspended 3 years
May 20, 2013
Dave StaffordIndianapolis attorney Arthur J. Usher IV’s rejected romantic advances toward a summer intern led him to have his paralegal
email more than 50 attorneys a video clip purporting to depict the former intern nude in a film, according to the Indiana
Supreme Court. Usher’s bid to discredit and humiliate her while she was seeking employment resulted in a three-year
suspension on Friday.
MoreJudges restate: no guns in City-County Building
May 17, 2013
Dave StaffordA 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s
Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun
regulations.
MoreClass A felony sentences not inappropriate under Appellate Rule 7(B)
May 17, 2013
Marilyn OdendahlTwo convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were
not inappropriate under Appellate Rule 7(B).
MoreJustices block Schiralli’s Lake County bench transfer
May 17, 2013
Dave StaffordThe Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge
Mary Beth Bonaventura after her appointment to head the Department of Child Services.
MoreBailiff’s communication with juror leads to reversal of convictions
May 16, 2013
Jennifer NelsonThe bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the
jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
MoreCOA: Man knowingly pleaded guilty to fraud charge
May 16, 2013
Jennifer NelsonA post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony
failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to
the separate charges in one agreement.
MoreCOA rules for first time on retroactivity of Mineral Lapse Act
May 15, 2013
Jennifer NelsonThe Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to
only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
MoreCourt reform grant applications due July 1
May 15, 2013
Jennifer NelsonCourts that would like financial help to implement recommended improvements have until July 1 to apply for grants from the
Division of State Court Administration.
MoreJustices rule in favor of Vincennes Girl Scouts in dispute over camp
May 14, 2013
Jennifer NelsonIndiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s
deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
MoreConvenience stores sue to be able to sell cold beer
May 14, 2013
Jennifer NelsonThe Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law
governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
MoreJustices: Punitive damages cap, allocation do not violate Indiana Constitution
May 14, 2013
Jennifer NelsonThe Indiana Supreme Court unanimously reversed a Marion Superior judge’s 2011 decision in a sex-abuse case that held
the statutes that cap punitive damages and dictate their allocation violate the Indiana Constitution.
MoreFather’s testimony at molestation trial not fundamental error
May 14, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the
defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
MoreMan gets 90 years for murder of girlfriend
May 14, 2013
IL StaffSt. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009.
This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
MoreCarr’s formal swearing in as bankruptcy judge Tuesday
May 14, 2013
IL StaffThe United States District Court for the Southern District of Indiana will hold the investiture ceremony for U.S. Bankruptcy
Judge James M. Carr Tuesday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
MoreJustices take commitment case involving man with Alzheimer’s disease
May 13, 2013
IL StaffThe Indiana Supreme Court will take a case that divided the Court of Appeals: whether a trial court is required to have a
man with Alzheimer’s disease committed once an incompetency finding is made.
MoreFormer Marion County deputy prosecutor agrees to plead guilty to bribery
May 13, 2013
Cory SchoutenThe top deputy under former Marion County Prosecutor Carl Brizzi has agreed to plead guilty to a federal charge for his role
in the early release of a woman convicted in a murder-for-hire scheme.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.