Legal News
Bailiff’s communication with juror leads to reversal of convictions
May 16, 2013
Jennifer NelsonThe bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the
jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
MoreCOA: Man knowingly pleaded guilty to fraud charge
May 16, 2013
Jennifer NelsonA post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony
failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to
the separate charges in one agreement.
MoreIndianapolis law firm Stewart & Irwin closing
May 16, 2013
Dave StaffordAn Indianapolis law firm with a broad range of representation and diverse clientele plans to close its doors after more than
90 years.
MoreCOA rules for first time on retroactivity of Mineral Lapse Act
May 15, 2013
Jennifer NelsonThe Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to
only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
MoreUS Chief Justice Roberts to speak at LaPorte alma mater
May 15, 2013
IL StaffUnited States Chief Justice John G. Roberts will find himself in a familiar place later this month when he delivers the commencement
speech at La Lumiere School in LaPorte. Roberts is a 1973 graduate of the school.
MoreCourt reform grant applications due July 1
May 15, 2013
Jennifer NelsonCourts that would like financial help to implement recommended improvements have until July 1 to apply for grants from the
Division of State Court Administration.
MoreJustices rule in favor of Vincennes Girl Scouts in dispute over camp
May 14, 2013
Jennifer NelsonIndiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s
deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
MoreConvenience stores sue to be able to sell cold beer
May 14, 2013
Jennifer NelsonThe Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law
governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
MoreJustices: Punitive damages cap, allocation do not violate Indiana Constitution
May 14, 2013
Jennifer NelsonThe Indiana Supreme Court unanimously reversed a Marion Superior judge’s 2011 decision in a sex-abuse case that held
the statutes that cap punitive damages and dictate their allocation violate the Indiana Constitution.
MoreFather’s testimony at molestation trial not fundamental error
May 14, 2013
Jennifer NelsonThe 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.
MoreMan gets 90 years for murder of girlfriend
May 14, 2013
IL StaffSt. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009.
This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
MoreCarr’s formal swearing in as bankruptcy judge Tuesday
May 14, 2013
IL StaffThe United States District Court for the Southern District of Indiana will hold the investiture ceremony for U.S. Bankruptcy
Judge James M. Carr Tuesday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
MoreJustices take commitment case involving man with Alzheimer’s disease
May 13, 2013
IL StaffThe Indiana Supreme Court will take a case that divided the Court of Appeals: whether a trial court is required to have a
man with Alzheimer’s disease committed once an incompetency finding is made.
MoreGovernor signs JTAC, workers’ comp bills into law
May 13, 2013
IL StaffThe Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost
in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
MoreFormer Marion County deputy prosecutor agrees to plead guilty to bribery
May 13, 2013
Cory SchoutenThe top deputy under former Marion County Prosecutor Carl Brizzi has agreed to plead guilty to a federal charge for his role
in the early release of a woman convicted in a murder-for-hire scheme.
MoreJudges tell trial court to declare commissioner’s order void
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition
for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the
Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory
hearing.
MoreCourt clarifies decision on jury instructions
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial
court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended
that two cases dictated that there was no error by the court.
MoreIndiana gets positive verdict from mock trial visitors
May 13, 2013
Marilyn OdendahlTwo teams from the West swept the 2013 National High School Mock Trial Championship, but Indianapolis and the Indiana legal
community made the best impression.
MoreSCOTUS rules against Indiana farmer in seed patent case
May 13, 2013
Jennifer NelsonA unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce
patented seeds through planting and harvesting without the patent holder’s permission.
MoreMan’s prior conviction doesn’t render him a career offender
May 10, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in
the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current
sentence should be reduced to reflect he isn’t a career offender.
MoreState not trying to circumvent adverse ruling in refiling charges
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally
dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential
informant.
MoreDenial of post-conviction relief upheld by COA
May 10, 2013
Jennifer NelsonEven if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional
norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t
prejudiced because the trial court explained those consequences.
MoreCOA to trial judges: enter restitution orders at sentencing
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order
within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised
trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
MorePence signs into law changes to sex offender registry
May 10, 2013
IL StaffChanges are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
MoreJudicial candidate barred from office for 5 years
May 9, 2013
Jennifer NelsonThe attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time
she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme
Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.
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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.