Legal News
Deputy prosecutor fired for errors in handling protective order violation
June 5, 2013
Jennifer NelsonThe employment of an unnamed St. Joseph County deputy prosecutor has been terminated after deciding not to prosecute a man
following his May arrest for violating a protective order. Several days later, that man allegedly stabbed and killed his young
daughter.
MoreJustices uphold termination of mother’s parental rights after years of drug abuse
June 5, 2013
Jennifer NelsonThe Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal
of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights
to her three children.
MoreCOA: Courts need to consider proportionality of damages in restitution orders
June 5, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and
a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider
apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s
loss.
MoreStefaniak to become new Lake County juvenile court judge
June 5, 2013
Dave StaffordJudge 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.
MoreConvenience store association says cold beer ban discriminatory
June 5, 2013
Marilyn OdendahlAlong with the usual reasons including giving consumers more options, providing price competition and sparking new investment
in the state, Indiana convenience store owners have added a new argument to their push to sell cold beer – it’s
their constitutional right.
MoreLawsuit claims Indiana’s high-risk insurance pool hoards cash
June 5, 2013
Dave StaffordHealth care providers who’ve been rejected by private malpractice writers turn to a state-run insurer that typically
charges two to three times more for coverage. A class-action lawsuit claims the high-risk pool owes its policyholders a $31
million surplus.
MorePro bono efforts reflect culture of southwestern Indiana attorneys
June 5, 2013
Marilyn OdendahlA reflection of the southwestern Indiana legal community’s commitment comes during Evansville’s Law Day celebration.
The day begins with the local attorneys reciting the Indiana Oath of Attorneys. The last clause of that oath speaks to not
forsaking the poor and to the attorneys’ obligation to not turn away people from justice.
MoreEvansville attorney recognized for service
June 5, 2013
Marilyn OdendahlScott Wylie was turned down for the first job he applied for in legal services. Now, he's being honored as pro bono professional
of the year.
MoreStatement in tort claim does not prevent woman from trying to recover for injuries
June 4, 2013
Marilyn OdendahlEven though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the
Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for
personal injuries.
MoreAppeals court tosses 3 of man’s 5 molestation convictions
June 4, 2013
Dave StaffordA man convicted of five counts of molesting an 8-year-old girl on repeated occasions should only have been convicted of two
counts, the Indiana Court of Appeals ruled Tuesday.
MoreACLU: Marijuana arrests for black people 3.7 times more than white people
June 4, 2013
Dave StaffordDeclaring “It’s time to end the war on marijuana,” the American Civil Liberties Union reported Tuesday that
black Americans were 3.7 times likelier than white Americans to be arrested for pot possession in 2010 despite similar rates
of use.
MoreIU Maurer announces extension of search for new dean
June 4, 2013
Marilyn OdendahlThe search for a new dean of the Indiana University Maurer School of Law is being extended, according to a statement released
from the Indiana University Office of the Provost.
MoreMore 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.
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.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
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.