Courts

Judges reverse teen’s conspiracy to commit murder conviction

December 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
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Justices deny Bisard’s blood evidence appeal

December 11, 2012
IL Staff
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
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Company’s offer to replace driveway an enforceable agreement

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
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Failure to report abuse charges to proceed against athletic director

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
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David, Rush appointed as liaisons for juvenile program

December 10, 2012
IL Staff
Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
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Indiana likely to be involved in gay marriage cases before SCOTUS

December 10, 2012
IL Staff
Attorney General Greg Zoeller’s office announced late Friday that Indiana will likely participate in some way in the California case involving the definition of marriage that the U.S. Supreme Court accepted Dec. 7.
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COA rules it doesn’t have jurisdiction over online comment appeal

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.
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COA overturns conviction, ruling statements about age not relevant for treatment

December 7, 2012
Marilyn Odendahl
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
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COA: Admitted evidence of 20-year-old crimes requires reversal

December 7, 2012
Dave Stafford
A civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima facie error.
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Majority affirms trial court in failed lease suit

December 7, 2012
Jennifer Nelson
The majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit brought by the homeowners after the lessees failed to pay their rent.
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COA splits over reversing possession conviction

December 7, 2012
Jennifer Nelson
A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
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Judge moves venue for trial of IMPD officer

December 7, 2012
IL Staff
Marion Superior Judge Grant Hawkins has ordered the trial for Indianapolis Metropolitan Police Officer David Bisard moved from the Indianapolis media market because of publicity surrounding the fatal accident involving the officer in 2010.
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Insurer doesn’t have to cover cleanup of California sites

December 6, 2012
Jennifer Nelson
Relying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
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COA rules against longtime shooting range owner

December 6, 2012
Jennifer Nelson
A Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’ claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court did not apply to the owner.
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7th Circuit upholds $3M restitution order for copper theft

December 5, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
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Judges affirm 911 recording properly admitted as evidence

December 5, 2012
Jennifer Nelson
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
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COA not persuaded by defendant’s claims on appeal

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
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Refusal to give jury instruction not harmless error

December 5, 2012
Jennifer Nelson
A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.
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Mother’s consent to adoption not required

December 5, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.
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Court split over valid ID requirement for name change

December 5, 2012
Jennifer Nelson
The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.
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Indiana justices consider constitutional challenge to Choice Scholarship Program

December 5, 2012
Dave Stafford
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
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Federal court stays Roy Lee Ward’s execution

December 4, 2012
Dave Stafford
A federal appeals court judge Tuesday granted a stay of execution for an Indiana man convicted of the torturous rape and murder of a 15-year-old girl.
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Conour still without counsel

December 4, 2012
Dave Stafford
Ex-attorney William Conour still has not secured legal counsel in his federal wire fraud case, he told Chief Judge Richard Young during a status hearing conducted by phone Tuesday.
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Resisting conviction reversed, but meth convictions stand

December 4, 2012
Dave Stafford
A man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed, but the Court of Appeals was not persuaded to overturn his drug convictions.
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COA affirms on rehearing its ruling against Bloomington dry cleaner

December 4, 2012
Dave Stafford
The Indiana Court of Appeals rejected on rehearing a Bloomington dry cleaner’s request that it reconsider its August ruling that went against him.
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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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