Lake County

Woman’s 35-year sentence upheld following death of stepson

November 6, 2013
Jennifer Nelson
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
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Former Lake County clerk’s convictions upheld by 7th Circuit

October 25, 2013
Jennifer Nelson
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
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Cappas appointed Lake Superior judge

October 4, 2013
IL Staff
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
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Failure to object to anonymous jury not ineffective assistance

September 30, 2013
Dave Stafford
A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.
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Small-claims change of judge time limit further divides appellate courts

September 30, 2013
Dave Stafford
How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.
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Battle over RTW heats up in courts

September 25, 2013
Marilyn Odendahl
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.
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Longest-serving Lake Superior judge takes leave

September 23, 2013
Dave Stafford
The longest-serving Lake Superior judge is stepping aside, at least temporarily, effective today, according to an order of the Indiana Supreme Court.
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Stopped traffic snarls purse snatcher’s getaway scheme

September 23, 2013
Marilyn Odendahl
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
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Man extradited from Wyoming on many charges not denied speedy trial

September 10, 2013
Dave Stafford
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
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Appeals panel reinstates claims of capacity, undue influence in trust dispute

August 29, 2013
Dave Stafford
A family feud involving half-siblings contesting the trust bequeathed by their mother was improperly disposed of through summary judgment, a panel of the Indiana Court of Appeals ruled Thursday.
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Refusal to remove biased board member ends potential administrative remedies

June 25, 2013
Jennifer Nelson
After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.
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Supreme Court kicks ‘buyer beware’ vs. disclosure case back to trial court

June 25, 2013
Dave Stafford
A Lake County dispute over whether a buyer or seller is responsible for a few thousand dollars worth of home defects is headed back to the trial court after a divided Indiana Supreme Court ordered a legal do-over.
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Weinberger cases settle for $55M

June 24, 2013
Dave Stafford
Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.
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Stefaniak to become new Lake County juvenile court judge

June 5, 2013
Dave Stafford
Judge Thomas Stefaniak will take over the juvenile court in Lake County, ending a months-long dispute over the judgeship that involved the intervention of the Indiana Supreme Court.
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Justices block Schiralli’s Lake County bench transfer

May 17, 2013
Dave Stafford
The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.
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Father’s testimony at molestation trial not fundamental error

May 14, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
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Sullivan: Mediation between Lake County judges, magistrates fails

May 9, 2013
IL Staff
Mediation ordered by the Indiana Supreme Court failed to settle a dispute among Lake County judges over a juvenile court vacancy, according to a report filed Wednesday by the former justice who tried to resolve the matter.
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Drug court road trip to make northern Indiana stops

May 3, 2013
IL Staff
A national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern Indiana drug courts this month.
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Women Lawyers Association to honor Rush, female jurists

April 24, 2013
IL Staff
The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.
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Lake County bench brawl

April 10, 2013
Dave Stafford
Mediation is ordered as the fight over Bonaventura vacancy goes public and exposes strife.
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Lake County murder conviction affirmed

April 4, 2013
Jennifer Nelson
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
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Disciplinary commission seeks suspension of former clerk’s law license

April 3, 2013
IL Staff
More than a month after former Lake County clerk Thomas R. Philpot was sentenced to serve 18 months for theft and mail fraud convictions, the Indiana Supreme Court Disciplinary Commission has requested his law license be suspended by the Supreme Court.
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Sullivan to mediate Lake Superior judge dispute

April 1, 2013
Dave Stafford
Former Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court ordered Monday.
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Judges reduce sentence due to ineffective trial counsel

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
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Lake County judge pro tem appointed to fill Bonaventura vacancy

March 25, 2013
Dave Stafford
Senior Judge Thomas W. Webber Sr. was appointed a judge pro tem late Friday as the Indiana Supreme Court intervened further in a controversy over who will be the next judge of the Lake Superior Court Juvenile Division.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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