Criminal case
Supreme Court receives threats after ruling
May 17, 2011
Jennifer NelsonThe Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said
Hoosiers can’t resist unlawful entry into their homes by police.
MoreLawyer sentenced for theft, corrupt business practice
May 16, 2011
Jennifer NelsonA northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with
five and one-half of those years suspended to active probation.
MoreJustice: Ruling lets government agents enter homes illegally
May 12, 2011
Jennifer NelsonTwo Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police
entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that
government agents may now enter their homes illegally.”
MoreState death penalty cases averaged 17 years
May 11, 2011
Michael HoskinsWhen the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital
punishment system.
MoreJudge rejects plea for former physician
May 11, 2011
Michael HoskinsU.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark
Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.
MoreJustices rule on 'no-knock' warrant executions
May 10, 2011
Jennifer NelsonThe Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant
when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances
are known by police when the warrant is obtained.
MoreCOA affirms remanded sentence
May 9, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction
could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other
convictions.
MoreJustices take felony murder, child support cases
May 9, 2011
Jennifer NelsonThe Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child
support nonpayment.
MoreJustices address judicial-temperance presumption
May 6, 2011
Jennifer NelsonThe Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the
judicial-temperance presumption.
More7th Circuit addresses sex offender registration law
May 3, 2011
Michael HoskinsThe 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender
registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was
enacted.
More7th Circuit rejects ineffective trial assistance claim
April 28, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective
assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally
ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
MoreCOA splits on need for evidentiary hearing in revocation
April 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions
to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
MoreJudges uphold identity thief's sentence
April 22, 2011
Jennifer NelsonIn a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards
under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised
for the federal appellate court to find that the sentence was proper.
MoreKissing a sleeping victim doesn't constitute sexual battery
April 20, 2011
Jennifer NelsonA victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute,
the Indiana Court of Appeals held Wednesday.
MoreCourt tackles 'sexual activity' meaning in statute
April 7, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there
is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice
a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
MoreCircuit Court orders new trial on Rule 404(b) grounds
April 4, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s
prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s
drug conviction and ordered a new trial.
MoreJustices: Belated appeals rule doesn’t apply to probation revocations
March 29, 2011
Michael HoskinsThe Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding
that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t
apply to probation revocations.
MoreCOA cites double jeopardy clause in reversal of conviction
March 25, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not
have been convicted of two Class C felonies, citing double jeopardy standards.
MoreCOA denies Miranda rights appeal in drunken driving case
March 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled
to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated
at the time.
MoreCourt of Appeals to hear arguments in Valparaiso
March 24, 2011
IL StaffThe Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
MoreCOA upholds convictions of man who planned to kill attorney, judge, ex-wife
March 22, 2011
Jenny MontgomeryThe Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney,
and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the
conviction.
MoreCircuit Court affirms judgments against 2 ex-IMPD narcotics officers
March 22, 2011
Michael HoskinsThe 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics
detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
MoreAppeals court to hear arguments at Indy high school
March 14, 2011
IL StaffThe Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a
man appeals his drug dealing conviction.
MoreTrial court should decide educational credit time
March 11, 2011
Jennifer NelsonA trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing
is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
MoreCOA reverses marijuana conviction based on intent
March 8, 2011
Rebecca BerfangerThe majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant
contended there was insufficient evidence that she constructively possessed the drug.
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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.