Legal News

Prosecutor weighs retrial in Indiana triple-murder case

September 27, 2016
 Associated Press
A northern Indiana prosecutor plans to speak to relatives of three people slain in 1998 and review evidence before deciding if he'll retry a man whose second triple-murder conviction was thrown out last week, his office said Monday.
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Commercial courts, e-filing subject of Tuesday symposium

September 26, 2016
IL Staff
General counsel, business leaders, lawyers and lawmakers will provide information on commercial courts and e-filing initiatives Tuesday afternoon at a symposium and continuing legal education program offered by the Indiana Supreme Court.
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E-filing begins in Johnson County

September 26, 2016
IL Staff
Johnson County on Monday became the 17th Indiana circuit court to adopt electronic filing, and e-filing for most case types will become mandatory in there in two months.
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Court of Appeals finds parents unfit, affirms termination of parental rights

September 26, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.
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COA affirms denial of timber buyer’s petition for post-conviction relief

September 26, 2016
Olivia Covington
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
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7th Circuit Court orders issuance of writ of habeas corpus for convicted murderer

September 26, 2016
Olivia Covington
The full 7th Circuit Court of Appeals has ordered that writ of habeas corpus or a new trial be ordered for a man convicted of three murders and sentenced to death, finding that state courts incorrectly omitted a key piece of evidence in the defense’s case.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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Tax Court allows for withdrawal of 29 requests for admissions

September 26, 2016
Olivia Covington
The Indiana Tax Court has ruled in favor of a recreational vehicle manufacturer and allowed a group of 29 separate requests for admissions to be withdrawn.
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Prosecutor faces discipline for press comments over ruling for killer

September 23, 2016
Dave Stafford
Johnson County Prosecutor Bradley Cooper faces possible professional sanctions for comments he made to the Indianapolis Star and the Associated Press after a judge ruled a man facing the death penalty wasn’t competent to be executed.
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Indiana Tech Law School dean says 5 graduates appealing bar results

September 23, 2016
Marilyn Odendahl
Five graduates of Indiana Tech Law School have filed appeals with the Indiana Board of Law Examiners to have their bar exams reviewed, according to the law school’s dean Charles Cercone.
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Facebook and its lawyers slammed by judge in terrorism suits

September 23, 2016
 Bloomberg News
A federal judge slammed Facebook Inc., saying the social media giant might not be doing enough to deter terrorists from using its platform.
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COA affirms denial of foster parents’ petition for adoption

September 23, 2016
Olivia Covington
A set of foster parents do not have the right to adopt two children without their father’s consent despite the fact that the father does not have visitation with the children, the Indiana Court of Appeals found Friday.
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New study: State needs 17 more judicial officers

September 23, 2016
Dave Stafford
The biggest assessment of Indiana trial court caseloads and resources ever conducted reveals state trial courts need 17 more judges, magistrates and judicial officers than currently allocated.
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Panel endorses new magistrates for Clark, Shelby County courts

September 23, 2016
Dave Stafford
Clark County, Indiana’s perennially busiest judicial circuit on a weighted-caseload basis, and Shelby County will get new magistrates next year if the General Assembly follows Thursday’s recommendation of a judicial study panel.
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7th Circuit Court finds former county employee’s FLSA rights were not violated

September 23, 2016
Olivia Covington
The 7th Circuit Court of Appeals found Thursday that Tippecanoe County adequately compensated a former employee who sued the county for violation of his rights under the Fair Labor Standards Act.
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February trial set for Elkhart woman in newborn son's death

September 23, 2016
 Associated Press
The trial for a northern Indiana woman accused in her newborn son's death has been postponed until February.
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Judge awards Conour victims $358K, denies suing creditor

September 22, 2016
Dave Stafford
A family financially victimized by convicted fraudster and former personal-injury and wrongful-death attorney William Conour has received an award of $358,069 in a suit filed by a former Conour creditor.
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Indiana Supreme Court hears arguments in home explosion appeal

September 22, 2016
Olivia Covington
Defense counsel for Mark Leonard, the man convicted of killing two people in a 2012 home explosion, argued before the Indiana Supreme Court Thursday that Leonard’s constitutional rights to an attorney were violated when an undercover officer posed as a hitman in prison and questioned Leonard, without his attorney present, about his plan to have a key witness killed.
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7th Circuit affirms decision not to hold special election for judges

September 22, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a district court’s decision not to order a special election for Marion County Superior judges after two candidates for judge said their names were unconstitutionally kept off of the general election ballot.
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US District Court seeks comments on magistrate judge’s reappointment

September 21, 2016
IL Staff
The United States District Court for the Southern District of Indiana is seeking comments from members of the bar and the public concerning the reappointment of U.S. Magistrate Judge Tim A. Baker, whose current term of office is set to expire on Sept. 30, 2017.
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COA vacates public defender, probation fees for indigent man

September 21, 2016
Olivia Covington
The Indiana Court of Appeals has vacated an order for a man convicted of public intoxication and found to be indigent to pay more than $600 in public defender and probation fees.
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COA finds that defendant did not prove counsel error

September 21, 2016
Olivia Covington
The Indiana Court of Appeals will not reverse a decision to deny a man’s petition for post-conviction relief after he was convicted of three counts of felony robbery, despite his argument that the third charge of felony robbery was added against him in an untimely manner.
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Justice Ruth Bader Ginsburg entertains, educates Notre Dame audience

September 21, 2016
Marilyn Odendahl
U.S. Supreme Court Associate Justice Ruth Bader Ginsburg talked about her life and career during a special appearance at Notre Dame Sept 12. During the two-hour event, Judge Ann Claire Williams of the 7th Circuit Court of Appeals moderated the discussion that also included a handful of questions from students.
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‘Making a Murderer’ attorney sees reform taking root

September 21, 2016
Marilyn Odendahl
Hoosier native Jerry Buting will continue the conversation about reform at the Indiana State Bar Association's annual meeting this month.
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Indiana Tech fails key test: 1 grad passes bar

September 21, 2016
Jennifer Nelson, Marilyn Odendahl
The state’s newest law school has been mum about the dismal results and what’s next for the school and its students.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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