Criminal case
DNA swab of juvenile is not fundamental error
May 17, 2012
Jennifer NelsonThe Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that
the trial court erred in admitting this test into evidence, but that the error was harmless.
MoreU.S. justices to rule on retroactivity of case involving guilty pleas by immigrants
April 30, 2012
Jennifer NelsonThe Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in
which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants
about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
More5th Amendment right against self-incrimination not violated
April 25, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted
to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the
interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop
speaking” during the interview.
MoreCOA reverses conviction based on continuing crime doctrine
April 23, 2012
Jenny MontgomeryThe Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
MoreJudges affirm denial of post-conviction relief
April 19, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t
prove that his trial or appellate counsel were ineffective.
MoreCOA upholds denial of fugitive's request to file an appeal
April 19, 2012
Jennifer NelsonA woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t
entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the
appeal.
MoreCOA holds false customer review violates no-contact order
April 5, 2012
Jenny MontgomeryThe Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of
his father’s cleaning company.
MoreCourt of Appeals revises robbery sentence
April 3, 2012
Jennifer NelsonThe Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence
were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130
years.
MoreJudges affirm part of sentence, reverse enhancements on double jeopardy grounds
March 30, 2012
Jenny MontgomeryA woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions.
But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
MoreSupreme Court rules on habitual-offender filing issue
March 20, 2012
Michael HoskinsThe Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether
the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
MoreDivided 7th Circuit affirms 'career offender' conviction
March 9, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career
offender.” But the decision was not unanimous.
More7th Circuit ponders search of cell phone
March 1, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search
a man’s phone for the phone’s number without a search warrant.
MoreCOA finds double jeopardy in DeLaney attacker's case
February 27, 2012
Michael HoskinsThe Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated
Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
More7th Circuit affirms sentence for sexual involvement with 12-year-old girl
February 17, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old
Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced
within the correct guidelines range.
MoreEvidence supports elevated burglary conviction
February 9, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because
all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar
twisted her hand.
MoreCourt split on dismissing murder, attempted feticide charges
February 8, 2012
Jennifer NelsonIn a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child,
one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might
lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the
feticide statute.
More7th Circuit upholds firearm conviction
February 3, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking
crime, finding there was sufficient evidence to support the conviction.
MoreJustices uphold driver's license suspension
February 3, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of
possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the
vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle
when he commits the offense.
More7th Circuit affirms denial of habeas corpus petition
January 31, 2012
Jenny MontgomeryA man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he
received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
MoreAppellate court affirms murder conviction; reverses on corpse abuse conviction
January 31, 2012
Jenny MontgomeryThe erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding
his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But
the COA affirmed his conviction of and sentence for murder.
MoreCOA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
January 31, 2012
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County
prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal,
claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
MoreJudges reverse denial of motion to suppress
January 20, 2012
Jennifer NelsonThe Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving
a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged
him with forgery because his name on the sheet didn’t match what he provided to his employer.
MoreState representative's attacker permanently disbarred
January 13, 2012
Michael HoskinsThe Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred
by the Indiana Supreme Court.
MoreCOA: post-conviction proceedings not equivalent to civil proceedings
January 3, 2012
Michael HoskinsThe Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement
from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has
given local judges final authority in accepting or denying agreements.
More7th Circuit upholds embezzlement convictions against ex-mayor
December 28, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government
funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
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Court Calendar
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May 23, 2012 Covered Bridge Homeowners Association vs. Town of Sellersburg, Indiana - 5/23/12
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June 1, 2012 Brotherhood Mutual Insurance Co., et al. v. Michiana Contracting, et al. - 6/1/12
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June 12, 2012 State of Indiana Military Department, et al. v. Continental Electric Co.
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June 19, 2012 The City of Indianapolis v. National Trust Insurance Co., et al.
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G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.
SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.
Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.
Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.
Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.
This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.