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More than 300 lawyers suspended for CLE, fees, IOLTA violations
June 4, 2013
IL StaffMore than 300 attorneys have been suspended from the practice of law for failing to comply with continuing legal education
requirements, failing to pay registration fees or failing to submit interest on lawyer trust account certifications.
More7th Circuit finds meth dealer was acting like a merchant, not a manager
June 3, 2013
Marilyn OdendahlAlthough an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to
sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.
MoreSpecificity requirement does not extend to limitations of liability, 7th Circuit rules
June 3, 2013
Marilyn OdendahlThe 7th Circuit Court of Appeals has ruled that a contract clause limiting liability stands because the two commercial entities
that entered into the agreement were sophisticated and knowingly negotiated the terms.
MoreDivided COA adds to difference of opinion on partial consecutive sentences
June 3, 2013
Dave StaffordThe Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.
Justices take grandparent visitation, divorce cases
June 3, 2013
Dave StaffordCases involving grandparents’ visitation rights and modification of parental custody orders have been added to arguments
that will be heard by the Indiana Supreme Court.
MoreJurors may be asked mental health, suicide questions in Shuai case
May 31, 2013
Dave StaffordPotential jurors in the high-profile trial of a Chinese immigrant charged with murder for the death of her newborn daughter
won’t have to disclose their religious or political views, but they will be asked whether they or people close to them
have been treated for mental health issues, suffered the loss of an infant or attempted suicide.
MoreJustices rule defendant’s confession came under ‘increasing coercive pressure’
May 31, 2013
Marilyn OdendahlIncriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out
by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.
MoreContempt conviction for failure to testify affirmed
May 31, 2013
Dave StaffordA woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted
of contempt of court, an appellate panel ruled Friday.
MoreAppeals court tosses 1 of man’s 6 drug convictions
May 31, 2013
Dave StaffordA man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy,
the Court of Appeals ruled Friday.
MoreAppeals court reinstates trucker’s wrongful death suit
May 31, 2013
Dave StaffordA trial court erred in granting summary judgment for an axle manufacturer sued by the estate of a contract truck driver who
died when a load fell on him in an accident that occurred while the facility was closed.
MoreJustices vacate transfer in pot bust case heard in Merrillville
May 31, 2013
Dave StaffordA divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand
after the Indiana Supreme Court vacated transfer.
MoreJustice, probation officer appointed to children’s commission
May 31, 2013
IL StaffIndiana Chief Justice Brent Dickson has appointed Justice Loretta Rush and Henry County Chief Probation Officer Susan Lightfoot
to the newly created Commission on Improving the Status of Children in Indiana. He made the appointments Wednesday.
MoreJudge sets hearing on Conour bond revocation bid
May 31, 2013
Dave StaffordA judge Thursday set a hearing to determine whether former personal injury attorney William Conour will remain free pending
his federal wire fraud trial.
MoreJudge’s opinion keeps colleague in suspense
May 30, 2013
Jennifer Nelson7th Circuit Court of Appeals Judge Richard Posner had a fellow judge on the edge of his seat Thursday waiting to see how the
opinion in a murder case would be decided. The court upheld a prisoner’s conviction of first-degree murder of the prisoner’s
cellmate.
MoreCOA: Social worker able to testify as expert witness
May 30, 2013
Jennifer NelsonA social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed
to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges
affirmed the termination of a mother’s parental rights to her two young sons.
MoreEphedrine database allowable under business record hearsay exception
May 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine
and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
MoreAromatherapy distributors challenge new 'look-alike' synthetic drug law
May 30, 2013
Jennifer NelsonFour companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s
prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs
is unconstitutional.
MoreInsufficient notice voids tax deed
May 30, 2013
Jennifer NelsonThe Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels
of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales
and redemption rendered void a tax deed on the properties assigned to someone else.
MoreMan ineligible to bring belated appeal
May 30, 2013
Jennifer NelsonBecause his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from
challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his
sentence under Ind. Post-Conviction Rule 2.
MoreFirst Merchants Bank accused of overdraft fee violations
May 29, 2013
Chris O'MalleyA lawsuit alleges that Muncie-based First Merchants Bank manipulated the timing of customers’ transactions to cause
their checking accounts to bounce more frequently, generating millions of dollars in overdraft fees.
MoreCOA addresses first impression issue regarding education under civil rights law
May 29, 2013
Jennifer NelsonThe Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative
law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling
group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event
and later filed a complaint with the Indiana Civil Rights Commission.
MoreFederal judge keeps alive Rock case vs. NCAA
May 29, 2013
Dave StaffordA federal judge has left the door open for a former Division I college football quarterback to pursue his claim that the NCAA
constitutes an illegal college sports monopoly, allowing him to amend a complaint that had been dismissed.
MoreJudges rule cop won't have new trial on murder, arson charges
May 29, 2013
Jennifer NelsonAn Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court
of Appeals Wednesday that he is entitled to post-conviction relief.
MoreEx-wife not required to pay attorney fees under FDCPA
May 29, 2013
Jennifer NelsonA woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support
after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under
the Fair Debt Collection Practices Act.
MoreAgainst court orders, Conour auctioned art for $10k
May 28, 2013
Dave StaffordFormer personal injury attorney William Conour claims his ex-wife is in possession of most of the items the government says
are missing from his Carmel home, but he acknowledged auctioning sculptures for $10,000 in an apparent violation of bond conditions
in his federal wire fraud case.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!