Courts
Defense attorneys turn tough in Bales trial
February 1, 2013
Cory SchoutenThe legal team representing real estate broker John M. Bales and partner William E. Spencer haven't called their first
witness and already they're putting up a spirited fight as federal prosecutors seek to prove charges including bank, mail
and wire fraud.
MoreJudges uphold sentence, but revise original opinion
February 1, 2013
Jennifer NelsonThe Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement
in order to correct a misstatement of the law.
More7th Circuit reverses dismissal of prisoner’s suit
February 1, 2013
Jennifer NelsonA lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned
he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
MoreFraudulent concealment tolls Wrongful Death Act’s limitations period
January 31, 2013
Jennifer NelsonThe Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful
death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment
is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of
first impression.
MoreFormer Venture employee turns on Bales during testimony
January 31, 2013
Cory SchoutenAn FBI investigation into Venture Real Estate Services and principals John Bales and Bill Spencer had already begun when Matthew
Dyer signed on as the company's controller in December 2009.
MoreCouple had to get permit before installing septic systems
January 31, 2013
Jennifer NelsonRejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems
following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed
summary judgment for the health department on the matter.
MoreCourt reverses grant of custody to grandmother
January 31, 2013
Jennifer NelsonFinding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court
of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of
her mother.
MoreHusband’s settlement proceeds should be included in marital pot
January 31, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds
from an action against his former employer as a marital asset when he and his wife divorced.
MoreWeinberger owes patient $150k for unnecessary surgery
January 31, 2013
Jennifer NelsonDr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’
sinuses, must pay one patient $150,000 on a medical malpractice claim.
MoreJudges affirm 53-year sentence for bank shooting
January 31, 2013
Jennifer NelsonThe man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by
the Indiana Court of Appeals.
More7th Circuit grants injunction in company’s suit against providing employees contraceptives
January 31, 2013
Jennifer NelsonFinding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate
that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted
an injunction Wednesday.
MoreJudges rule on 'contentious' child support dispute, again
January 30, 2013
Jennifer NelsonFor the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges
upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor
regarding certain bonuses.
MoreCOA reverses former principal’s conviction for failing to immediately report student’s alleged rape
January 30, 2013
Jennifer NelsonA split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s
Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
MoreSupreme Court vacates transfer in bond case
January 30, 2013
IL StaffThe Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
MoreDefense attorneys in Bales case trash former co-defendant
January 30, 2013
Cory SchoutenIndianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John
M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District
Court for the Northern District of Indiana.
MoreJustices accept, rule on 1 case on transfer
January 30, 2013
IL StaffThe Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
MoreIndiana authors 2 amicus briefs in same-sex cases before SCOTUS
January 30, 2013
The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief
and co-authored another arguing that the states should be able to define marriage.
MoreStudent kicked out of IU medical school loses on breach of contract claim
January 30, 2013
Jennifer NelsonAn Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating
couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract
claim.
MoreJudging the jury
January 30, 2013
Dave StaffordDennis Stolle is a partner at Barnes & Thornburg LLP, but his skills as a doctor of social psychology are more important
in his niche as a jury consultant.
MoreDickson's State of Judiciary highlights interplay of judiciary, Legislature
January 30, 2013
Dave StaffordIndiana Chief Justice Brent Dickson’s first State of the Judiciary address after 27 years on the bench produced a few
collegial chuckles as he offered examples of checks and balances and noted lawmakers had rewritten laws in response to at
least three Supreme Court opinions in the last year.
MoreNorthern Indiana judges help create state's mock trial tradition
January 30, 2013
Marilyn OdendahlStanding between two judges offering different opinions on how to proceed is not a place many attorneys would want to be.
However, a group of students at Adams High School in South Bend often found themselves with opposing pieces of advice from
the jurists. Two sets of instructions, two judges and no chance for a recess.
MoreSovereign citizens disavow legal system, make bogus filings aimed at police, judges
January 30, 2013
Dave StaffordMartin Jonassen describes himself as a sovereign citizen, one of a loose affiliation of people who believe most laws don’t
apply to them. Adherents also strive to make life difficult and sometimes dangerous for law enforcement and the judiciary,
and Indiana lawmakers have taken notice.
MoreU.S. Supreme Court decision ignited grassroots effort to amend the Constitution
January 30, 2013
Marilyn OdendahlIn the fight over corporate influence in politics, one group is hoping the voice of the people can trump the allure of money.
MoreChanges to Federal Rule 45 are first in more than 2 decades
January 30, 2013
Marilyn OdendahlFor the past several years, who could be compelled to appear at a federal trial depended on whom you asked.
MoreDisciplinary Actions -1/30/13
January 30, 2013
IL StaffRead about the latest suspensions handed down by the Indiana Supreme Court.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.