Courts

Social media sleuths find evidence, but admissibility requires authentication

May 8, 2013
Dave Stafford
What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a presentation about social media evidence.
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Taking them at their word

May 8, 2013
Marilyn Odendahl
The work of interpreters is exhausting, but vital to protecting individual rights.
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Marion County’s Odyssey transition: a tech-free week

May 8, 2013
Dave Stafford
The clerk’s office in Indianapolis’ City-County Building is in the middle of a throwback week, revisiting a simpler time when a hand stamp on paper was all you needed to file court documents. Blame technology.
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Disciplinary actions - 5/8/13

May 8, 2013
IL Staff
Read who's been suspended recently by the Indiana Supreme Court.
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Chief Justice Roberts says budget cuts translate into judicial furlough and layoffs

May 7, 2013
Marilyn Odendahl
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
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7th Circuit reaffirms drug conviction over claims of ineffective counsel

May 7, 2013
Dave Stafford
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
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Entering a guilty plea is not a mitigating factor, COA rules

May 7, 2013
Marilyn Odendahl
Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.
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Court erred in barring expert witness in decade-old software suit

May 7, 2013
Dave Stafford
A trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company whose former employees allegedly violated non-compete clauses.
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COA affirms mom’s termination of rights despite ‘clean screen’ given to judge

May 7, 2013
Dave Stafford
An Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.
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Criminal code and expungement bills signed by governor

May 6, 2013
Marilyn Odendahl
Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.
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Lugar: Votes for Obama Supreme Court nominees carried heavy cost

May 6, 2013
Dave Stafford
Former Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.
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Mobile home park's occupancy rate not enough to reduce property assessment

May 6, 2013
Marilyn Odendahl
A low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property assessment reduced.
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Tax Court denies excess levy sought by IndyGo

May 6, 2013
Dave Stafford
Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.
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Store owner’s ‘Spice law’ prosecution may proceed, COA rules

May 6, 2013
Dave Stafford
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
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Justices take Star appeal regarding naming of online commenter

May 6, 2013
Dave Stafford
The Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter in a long-running defamation case filed by a former executive of a nonprofit organization.
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More than half of Conour’s inventoried assets gone, feds say

May 3, 2013
Dave Stafford
About half the property that federal agents inventoried after former personal injury attorney William Conour was charged with wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government filings in his federal criminal case.
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Indy 7th Circuit Conference to host Roberts, Kagan, Lugar

May 3, 2013
Dave Stafford
United States Chief Justice John G. Roberts, U.S. Supreme Court Justice Elena Kagan and former Sen. Richard G. Lugar are featured speakers at the 62nd Annual Meeting of the 7th Circuit Bar Association and Judicial Conference opening Sunday in Indianapolis.
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Justices will visit Lake County for arguments in drug case

May 3, 2013
IL Staff
The Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug evidence after a vehicle search.
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Drug court road trip to make northern Indiana stops

May 3, 2013
IL Staff
A national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern Indiana drug courts this month.
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Clothing labels and security tags not considered hearsay evidence

May 2, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
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COA: Successive Prosecution Statute not applicable to theft case

May 2, 2013
Jennifer Nelson
A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.
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Court seeks comment on reappointment of Magistrate Cosbey

May 2, 2013
IL Staff
The U.S. District Court in the Northern District of Indiana is now accepting comment on whether Magistrate Judge Roger Cosbey should be reappointed when his term expires Jan 2, 2014.
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Justices order new molestation trial after nurse’s statements admitted improperly

May 2, 2013
Jennifer Nelson
Ruling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and ordered a new trial.
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Trial set in Carmel's complaint on Palladium construction

May 1, 2013
Andrea Muirragui Davis
Mediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction of its signature Palladium concert hall.
More

More franchisees join revolt over Steak n Shake menu pricing

May 1, 2013
Scott Olson
More Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from setting their own menu prices.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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