Prosecutors

Prosecutor faces ethics sanction for book deal in Camm case

August 24, 2016
Dave Stafford
Floyd County Prosecutor Keith Henderson should be reprimanded by the Indiana Supreme Court for a book deal on a high-profile murder case against former Indiana State Trooper David Camm, recommends a hearing officer in Henderson’s discipline case. The hearing officer blasted the conduct of lawyers on both sides of the ethics matter.
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Patel decision restricts feticide prosecutions

August 10, 2016
Dave Stafford
The Indiana Court of Appeals holds the Legislature didn’t intend feticide charges for pregnant women.
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Prosecutor accidentally fires weapon inside restaurant

August 8, 2016
 Associated Press
A central Indiana prosecutor says he plans to buy a holster after accidentally firing a handgun in his pocket, sending a round into the floor of a restaurant.
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Deputy prosecutor fired after not sharing victim's falsehood

July 27, 2016
 Associated Press
A northwestern Indiana prosecutor has been fired after not revealing one of two purported victims made up at least part of the accusations against a molesting suspect acquitted after being held without bond for three years.
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COA admonishes prosecutor’s misconduct, doesn’t reverse conviction

July 22, 2016
Dave Stafford
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
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Marion County judge moves civil forfeiture case forward

July 22, 2016
Marilyn Odendahl
A case challenging civil forfeitures by Indianapolis police and the prosecutor’s office will be able to move forward after Marion Superior Court denied the defendants’ motion to dismiss earlier this week.
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Appeals court says prosecutor manual can stay secret

July 19, 2016
 Associated Press
A federal appeals court says the Justice Department does not have to turn over a prosecution training manual to defense attorneys.
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Judge frees man held 3 years after molesting acquittals

July 1, 2016
 Associated Press
A Portage man held without bond for three years has been acquitted of four counts of child molesting and ordered immediately released from jail.
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Prosecutors say ethics rules limit release of police body camera video

June 29, 2016
Marilyn Odendahl
While it was being considered in the Statehouse, Indiana’s police body camera law brought a lot of public interest and at times public outcry. But as the new measure gets ready for action, prosecutors say the Rules of Professional Conduct restrict them from releasing the recordings.
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Lawmakers considering prosecutor oversight in NY

June 8, 2016
 Associated Press
New York lawmakers have begun examining whether prosecutors statewide need an oversight commission where other lawyers, defendants and the public can bring complaints of misconduct.
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Federal jury rejects ex-prosecutor's pay bias claims

June 3, 2016
 Associated Press
A federal jury in Massachusetts has rejected the claims of a former prosecutor in the Suffolk District Attorney's office who alleged she was paid less than male colleagues because of her gender.
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Michigan governor halts internal Flint probes after prosecutors object

May 26, 2016
 Associated Press
Michigan Gov. Rick Snyder on Thursday called for an end to civil and administrative investigations into how two state agencies contributed to Flint's lead-tainted drinking water crisis, after being warned they are hampering state and federal criminal probes.
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Wayne County prosecutor creates drug treatment program

April 28, 2016
 Associated Press
An eastern Indiana prosecutor is starting a new treatment program for drug offenders that he hopes will end the cycle of addiction.
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Prosecutor won't pursue battery charge against Trump aide

April 14, 2016
 Associated Press
Donald Trump's campaign manager will not be prosecuted on a misdemeanor battery charge after prosecutors determined there wasn't enough evidence to convict him of forcibly grabbing a female reporter, according to a court document filed Thursday.
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Civil forfeiture defendants file motion to dismiss

April 6, 2016
Marilyn Odendahl
Defendants in a civil forfeiture complaint lodged earlier this year in Marion Superior Court have filed a motion to dismiss on the grounds the plaintiffs and the court lack standing.
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Jury finds South Bend teen convicted of murder had gang ties

April 4, 2016
 Associated Press
South Bend jury finds teenager convicted of murder should have sentence enhanced for criminal gang activity.
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Former Madoff aides claim race-baiting in conviction appeal

March 29, 2016
 Bloomberg News
Five former Bernard Madoff employees who were convicted of aiding the con man’s $17.5 billion fraud asked for a new trial, arguing that the lead prosecutor, who is black, improperly alluded to race when he asked the mostly minority jury to have the “courage” to convict.
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Report: Prosecutors rarely disciplined for misconduct

March 29, 2016
 Associated Press
Prosecutors are rarely held accountable for misconduct and mistakes that have left innocent people imprisoned for crimes they didn't commit, according to report Tuesday by a nonprofit group that investigates possible wrongful convictions.
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Unabomber case helped hone Supreme Court nominee's legal skills

March 25, 2016
 Bloomberg News
The killer known as the Unabomber was methodical, patient and meticulous. So was the U.S. Justice Department official who directed the investigation that took him down.
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Lawsuit could upend civil forfeiture in Indiana

February 24, 2016
Marilyn Odendahl
A new challenge to Indiana’s civil forfeiture process does not seek to end the practice altogether but its attempts to stop the flow of money into local law enforcement coffers could, ultimately, halt the seizure of property in the state.
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Complaint alleges misappropriation of civil forfeiture proceeds

February 10, 2016
Marilyn Odendahl
Charging Indianapolis law enforcement is illegally keeping millions of dollars from civil forfeitures, a national legal organization filed a complaint Wednesday in Marion Superior Court to stop the flow of proceeds into city coffers.
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Murder conviction stands despite closing argument error

February 8, 2016
Marilyn Odendahl
A deputy prosecutor’s misstep during closing arguments was not enough to overcome the abundant evidence of guilt and force a new trial, the Indiana Court of Appeals has ruled.   
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Cosby lawyer says comedian was assured he was in the clear

February 3, 2016
 Associated Press
Bill Cosby's top legal adviser said Wednesday that he never would have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face sexual assault charges in the matter.
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Santa Fe judge steps aside after insulting prosecutor

December 17, 2015
 Associated Press
A judge in Santa Fe, New Mexico has removed himself from a high-profile case after telling a prosecutor a case might be above his pay grade.
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Prosecutors want ban on over-the-counter pseudoephedrine

December 9, 2015
 Associated Press
Prosecutors urged Indiana legislators Wednesday to ban over-the-counter sales of a common cold medicine used to make methamphetamines and stiffen sentences for convicted drug dealers.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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