Courts

COA says attempted murder is not an exception to voluntary intoxication statute

September 28, 2016
Olivia Covington
The Indiana Court of Appeals found Wednesday that a man cannot have his attempted murder charge overturned because he was drunk at the time of the incident, writing that voluntary intoxication does not negate the specific intent to kill requirement of an attempted murder charge.
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COA finds no evidence of severe mental illness to prohibit pro se proceedings

September 28, 2016
Olivia Covington
A woman’s convictions for possession of controlled substances and operating a vehicle while intoxicated will stand after the Indiana Court of Appeals found Wednesday that she did not suffer from a severe mental illness that should have precluded her from proceeding pro se.
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Barker courtroom naming ceremony Thursday

September 28, 2016
IL Staff
Veteran jurist and now Senior Judge Sarah Evans Barker will be honored Thursday when Courtroom 216 is named in her honor at the Birch Bayh Federal Building and United States Courthouse in Indianapolis. A ceremony will take place at 4 p.m. in the courtroom.
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David: Odyssey carrying 65 percent of state case data

September 28, 2016
Dave Stafford
The Supreme Court-sponsored Odyssey case management system contains 65 percent of Indiana’s trial court caseload, Justice Steven David told a gathering of about 100 lawyers Tuesday.
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Commercial court cases increase; dockets now accessible online

September 28, 2016
Dave Stafford
Five of six judges of Indiana’s new commercial courts spoke to about 100 lawyers and corporate counsel Tuesday, urging them to make use of the venues that emphasize collaboration and prompt resolutions.
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Detroit man guilty of kidnapping 2 Indianapolis teens

September 28, 2016
 Associated Press
Federal prosecutors will seek a life sentence for a Detroit man convicted of two counts of kidnapping for abducting the teenage siblings of his former girlfriend after she allegedly stole money and drugs from him, they announced Tuesday.
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115-year-old Indiana campground closing amid state lawsuit

September 28, 2016
 Associated Press
A central Indiana campground that's been operating for more than a century is closing its gates amid a state lawsuit.
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Indiana Bureau of Motor Vehicles overcharges trial to begin

September 28, 2016
 Associated Press
A class-action lawsuit is set to go to trial accusing the Indiana Bureau of Motor Vehicles of overcharging license and title fees.
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Kansas judge certifies Syngenta corn case as class action

September 27, 2016
IL Staff
A Kansas federal judge has ruled that hundreds of thousands of corn farmers’ claims against Syngenta may proceed as a class action.
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Neither Trump, Clinton exactly right about stop-and-frisk

September 27, 2016
 Associated Press
Donald Trump says the police tactic known as stop-and-frisk led to a drop in murders in New York City, while Hillary Clinton says it has been ruled unconstitutional.
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7th Circuit proposes changes to maximum word counts for briefs

September 27, 2016
IL Staff
The clerk of the 7th Circuit Court of Appeals announced Tuesday proposed new and amended circuit rules dealing with maximum word counts for briefs.
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DC appeals court hears arguments in Clean Power Plan case

September 27, 2016
 Associated Press
The federal appeals court in Washington began hearing arguments Tuesday in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions.
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COA rules that negligent hiring claim against Pizza Hut can proceed

September 27, 2016
Olivia Covington
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
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Lawrenceburg sued for allegedly discriminating against people with disabilities in zoning issue

September 27, 2016
Olivia Covington
The city of Lawrenceburg is facing a lawsuit after an organization that serves adults with intellectual disabilities accused the city of discrimination after it prevented the organization from building a supported living home for people with disabilities.
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Prosecutor weighs retrial in Indiana triple-murder case

September 27, 2016
 Associated Press
A northern Indiana prosecutor plans to speak to relatives of three people slain in 1998 and review evidence before deciding if he'll retry a man whose second triple-murder conviction was thrown out last week, his office said Monday.
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Anthem and Cigna don’t get along, but they’ll never tell

September 26, 2016
 Bloomberg News
In federal court papers filed Thursday, Anthem Inc. said that Department of Justice prosecutors seeking to block the deal shouldn’t have access to letters between Anthem and Cigna Corp.’s lawyers where they disagree about aspects of the $48 billion takeover by Anthem.
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Commercial courts, e-filing subject of Tuesday symposium

September 26, 2016
IL Staff
General counsel, business leaders, lawyers and lawmakers will provide information on commercial courts and e-filing initiatives Tuesday afternoon at a symposium and continuing legal education program offered by the Indiana Supreme Court.
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E-filing begins in Johnson County

September 26, 2016
IL Staff
Johnson County on Monday became the 17th Indiana circuit court to adopt electronic filing, and e-filing for most case types will become mandatory in there in two months.
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Court of Appeals finds parents unfit, affirms termination of parental rights

September 26, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.
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COA affirms denial of timber buyer’s petition for post-conviction relief

September 26, 2016
Olivia Covington
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
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7th Circuit Court orders issuance of writ of habeas corpus for convicted murderer

September 26, 2016
Olivia Covington
The full 7th Circuit Court of Appeals has ordered that writ of habeas corpus or a new trial be ordered for a man convicted of three murders and sentenced to death, finding that state courts incorrectly omitted a key piece of evidence in the defense’s case.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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Tax Court allows for withdrawal of 29 requests for admissions

September 26, 2016
Olivia Covington
The Indiana Tax Court has ruled in favor of a recreational vehicle manufacturer and allowed a group of 29 separate requests for admissions to be withdrawn.
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Facebook and its lawyers slammed by judge in terrorism suits

September 23, 2016
 Bloomberg News
A federal judge slammed Facebook Inc., saying the social media giant might not be doing enough to deter terrorists from using its platform.
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More Hillary Clinton emails to be released by State Department

September 23, 2016
 Bloomberg News
The State Department told a federal judge Friday it found 5,600 work-related e-mails from a disk of deleted messages recovered from the private email server Hillary Clinton used while secretary of state, raising the possibility of further disclosures on a subject that has dogged the Democrat’s presidential bid.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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