Elkhart

Reversal: VORP cannot be ordered in sentence

August 7, 2015
Dave Stafford
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
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Attorney to seek resentencing in Indiana teen's sex case

August 6, 2015
 Associated Press
An Indiana 19-year-old is seeking a new sentence after being ordered to register as a sex offender in two states and refrain from having a computer or smartphone, or living in a place with Internet access, because he had consensual sex with a 14-year-old Michigan girl he met online who said she was 17.
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Conservative leader urges defeat of gay protection proposals

July 15, 2015
 Associated Press
A prominent conservative lobbyist is working to defeat proposals in two northern Indiana cities for anti-discrimination protections based on sexual orientation and gender identity.
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Reporter subpoenaed to testify, give notes in murder case

April 10, 2015
 Associated Press
A reporter for a northern Indiana newspaper has been subpoenaed to testify and turn over interview notes and recordings as part of story she wrote about a homicide investigation.
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'Elkhart Four' convictions put new spotlight on felony murder statute

March 11, 2015
Marilyn Odendahl
Three teens convicted of felony murder have asked the Indiana Supreme Court to overturn their convictions because they did not directly kill the victim.
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Elkhart teens try to convince justices to revisit felony murder statute

February 26, 2015
Marilyn Odendahl
An Indiana statute and a 16-year-old Indiana Supreme Court decision interpreting that statute are under review as three teenagers serving 45-year sentences asked the justices to overturn their convictions for felony murder.
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COA affirms 100-year sentence for 2 murders

December 22, 2014
Jennifer Nelson
A man with a history of mental illness was unable to convince the Indiana Court of Appeals that his 100-year sentence for his role in the murder of two market employees in Elkhart is inappropriate.
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Man’s 76-year sentence for kidnapping driver affirmed

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
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Indiana high court to hear accomplice death appeal

December 10, 2014
 Associated Press
The Indiana Supreme Court will hear the appeal of three Elkhart men convicted of murder after an accomplice was fatally shot by a homeowner during a break-in.
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COA reverses foreclosure because bank can’t prove it holds the note

September 29, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
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Felony murder convictions upheld in Elkhart home invasion, but sentences amended

September 12, 2014
Jennifer Nelson
The appeals of three teens involved in a daytime home invasion that turned fatal gave the Court of Appeals a chance to examine the felony murder statute and its application for juveniles.
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Judge gives final OK of recycling settlement

June 16, 2014
 Associated Press
A federal judge has given his final approval to a class-action settlement calling for the operators of a northern Indiana wood-recycling plant to clean up and shutter the site within five years.
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7th Circuit blasts counsel, tosses race-based traffic-stop appeal

December 13, 2013
Dave Stafford
An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.
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Judge sentences attorney Page to probation, fine

November 4, 2013
Cory Schouten
Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.
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Suspect’s disheveled appearance, not GPS, led to drug discovery

October 7, 2013
Marilyn Odendahl
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Jury: Real estate execs Bales, Spencer not guilty of fraud

February 8, 2013
Cory Schouten
John M. Bales lifted his crossed hands to his face and began to cry Thursday evening as a federal judge read the same jury verdict on each of 13 fraud counts against the real estate broker and his partner: Not guilty.
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Bales trial in jury's hands after colorful closings

February 7, 2013
Cory Schouten
The jury began deliberations Thursday in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after three hours of spirited closing arguments Wednesday.
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Defense rests in Bales trial after flurry of witnesses

February 6, 2013
Cory Schouten
Closing arguments are expected to begin Wednesday afternoon in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after the defense raced through seven witnesses Tuesday and early Wednesday.
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Defense attorneys turn tough in Bales trial

February 1, 2013
Cory Schouten
The legal team representing real estate broker John M. Bales and partner William E. Spencer haven't called their first witness and already they're putting up a spirited fight as federal prosecutors seek to prove charges including bank, mail and wire fraud.
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Former Venture employee turns on Bales during testimony

January 31, 2013
Cory Schouten
An FBI investigation into Venture Real Estate Services and principals John Bales and Bill Spencer had already begun when Matthew Dyer signed on as the company's controller in December 2009.
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Defense attorneys in Bales case trash former co-defendant

January 30, 2013
Cory Schouten
Indianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District Court for the Northern District of Indiana.
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Bales defense: Elkhart deal was a 'scheme to help'

January 29, 2013
Cory Schouten
Facing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.
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Fraud trial for broker Bales begins in South Bend

January 28, 2013
Cory Schouten
The federal fraud trial of Indianapolis real estate broker John M. Bales and a partner began Monday morning in South Bend with a jury-selection process that may not have run as smoothly if it took place in central Indiana.
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Judges uphold drug possession conviction, reverse habitual offender enhancement

January 18, 2013
Jennifer Nelson
A man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
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Indianapolis attorney pleads guilty in deal with prosecutors

January 4, 2013
Cory Schouten
Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.
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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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