Criminal case
Man loses insanity defense appeal
June 20, 2012
Jennifer NelsonA Marion County court correctly rejected the insanity defense entered by a man who suffers from bipolar disorder and alcoholism
in his attempted murder bench trial, the Indiana Supreme Court ruled.
MoreIndiana Supreme Court rejects murderer's appeal over juror
June 20, 2012
Dave StaffordA woman sentenced to 55 years in prison for her role in a 2010 murder lost an appeal to the Indiana Supreme Court on Tuesday.
MoreAttempted murder sentence upheld in Martinsville school shooting
June 11, 2012
Dave StaffordA Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence
with five years suspended for his attempted murder conviction as an adult.
MoreShaui released from jail
May 22, 2012
Jenny MontgomeryMore than year after her arrest on charges of murder and attempted feticide, Bei Bei Shuai is free on bail.
MoreDNA 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.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!