February 7, 2012
Jennifer NelsonBecause the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana
Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor
battery.
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February 2, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce
or entice a minor to engage in sexual activity.
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January 27, 2012
Jenny MontgomeryA man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
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January 24, 2012
Jennifer NelsonBecause a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also
pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
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January 18, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment
against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the
lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t
appeal the original ruling.
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November 15, 2011
Jennifer NelsonThe Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons
by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
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November 10, 2011
Jennifer NelsonA victim molested by the former swim coach at an Indianapolis high school and club team is suing the former coach, the school
corporation and two swimming organizations, arguing several people knew of the coach’s past inappropriate contact with
minors and did nothing about it.
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October 13, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring
suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control”
of the hotel at the time the teen was molested by an employee.
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September 19, 2011
Jennifer NelsonWhen a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that
state institution may be considered a community mental health center for purposes of a report required under Indiana Code
12-26-7-3(b), the Indiana Court of Appeals held Monday.
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September 19, 2011
Jennifer NelsonThe Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding
that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of
the applicable statute is an unconstitutional ex post facto law as applied to him.
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August 15, 2011
Jennifer NelsonA Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years,
the Indiana Court of Appeals held Monday.
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July 18, 2011
Jennifer NelsonAn inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding
that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced,
not re-resentenced after a successful appeal.
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June 30, 2011
Jennifer NelsonTwo justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years,
believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
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June 29, 2011
Jennifer NelsonThe Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender
Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of
powers.
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June 28, 2011
Jennifer NelsonThe Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s
young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
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June 23, 2011
Jennifer NelsonThe Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions
Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with
unprotected information.
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June 23, 2011
Jennifer NelsonThe Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning
from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are
mentioned but the defendant faces only one charge.
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June 20, 2011
IL StaffThe Indiana Supreme Court will hear arguments Tuesday in two child molesting cases and one personal injury case.
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June 8, 2011
Jennifer NelsonThe failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate
the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday.
However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge
should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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June 7, 2011
Michael HoskinsThe Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because
the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript
of past statements without the teenager asking for that recollection.
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June 1, 2011
Jennifer NelsonThe Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony
child molesting 16 years after he last molested his stepniece.
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May 23, 2011
Jenny MontgomeryThe Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from
a convicted child molester.
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February 22, 2011
Jennifer NelsonThe Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions
Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
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January 10, 2011
IL StaffThe Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester
asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
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January 5, 2011
Rebecca BerfangerDomestic violence victims’ advocates and criminal law attorneys are waiting on the Indiana Supreme Court’s decision
in a case involving a criminal defendant’s subpoena for records from a victim’s advocacy organization.
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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.