traffic stop
State concedes traffic stop was invalid
May 10, 2012
Jennifer NelsonOn the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led
to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
MoreMan can't prove ineffective assistance from attorney
May 2, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed
his trial counsel was ineffective.
MoreJustices to hear driving while suspended case at Martin University
April 18, 2012
IL StaffThe Indiana Supreme Court will visit Martin University in Indianapolis Friday to hear arguments in a case over whether a man
driving a scooter could be convicted of operating a “motor vehicle” while his driving privileges were suspended.
MoreJudges order possession charge dismissed
April 17, 2012
Jennifer NelsonRelying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion
to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe
the man was armed and dangerous to justify the pat down.
MoreSupreme Court split over reducing man's sentence
February 22, 2012
Jennifer NelsonThe Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for
having cocaine within 1,000 feet of a school when police stopped his vehicle.
MoreCOA reverses trial court on traffic stop case
February 14, 2012
Jenny MontgomeryThe Indiana Court of Appeals has sided with the state in its appeal of a trial court’s ruling.
MoreCOA reverses trial court in OWI case
January 30, 2012
Jenny MontgomeryThe Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence,
holding that police did not violate his rights in an unusual traffic stop.
MoreDriver's appeal based on misinterpretation of previous COA decision
January 30, 2012
Jenny MontgomeryA woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior
case in support of her appeal.
MoreJudges reverse denial of motion to suppress
January 20, 2012
Jennifer NelsonThe Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving
a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged
him with forgery because his name on the sheet didn’t match what he provided to his employer.
More7th Circuit examines traffic 'turn' definition
January 3, 2012
Michael HoskinsWhile Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the
7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation
and justifies a traffic stop.
MoreUncommunicative felon fails to persuade COA that trial court erred
December 30, 2011
Jenny MontgomeryThe Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest
was not inappropriate.
MoreJustices rule on citizen tip in drunk driving case
December 30, 2011
Michael HoskinsThe Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving
from dispatch a concerned citizen’s report of a suspected drunk driver.
MoreJudges interpret left turn traffic statute
October 24, 2011
Michael HoskinsTurning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana
Court of Appeals ruled Monday.
MoreCOA divided on whether 'bully' comments require new trial
August 3, 2011
Jennifer NelsonThe Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding
the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial
impossible.
MoreCircuit Court affirms admission of drugs, sentence
July 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t
a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
MoreCourt decides 2nd marijuana-odor case in 2 days
July 15, 2011
Michael HoskinsContinuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw
marijuana can be enough for police to search someone during a valid traffic stop.
MoreSearch didn't violate driver's rights
July 14, 2011
Jennifer NelsonThe smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest,
the Indiana Court of Appeals held in a case of first impression.
MoreJustices rule officer didn't search car to find gun
July 11, 2011
Jennifer NelsonThe Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the
man’s car during a traffic stop wasn’t searching the car when he saw the gun.
MoreAppellate court upholds motion to suppress after traffic stop
June 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop
a driver believed to be intoxicated.
MoreCOA denies Miranda rights appeal in drunken driving case
March 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled
to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated
at the time.
MoreAppellate court rules traffic stop legal
December 8, 2010
Jennifer NelsonA police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car
made it on to the street, ruled the Indiana Court of Appeals.
MoreCourt affirms locked glove box search
November 9, 2010
Michael HoskinsWithout a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed
the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
MoreHigh court takes 3 cases
November 2, 2010
IL StaffThe Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s
finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context
of a car on the side of the road.
MoreCOA: Traffic stop allowed in private parking lot
October 4, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law
enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the
property owner to allow officers to enforce traffic ordinances.
More7th Circuit: Officer allowed to resume frisk
August 10, 2010
Jennifer NelsonAs one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine
on you when
police have many reasons why they may legitimately stop the car.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
Court Calendar
-
May 23, 2012 Covered Bridge Homeowners Association vs. Town of Sellersburg, Indiana - 5/23/12
-
June 1, 2012 Brotherhood Mutual Insurance Co., et al. v. Michiana Contracting, et al. - 6/1/12
-
June 12, 2012 State of Indiana Military Department, et al. v. Continental Electric Co.
-
June 19, 2012 The City of Indianapolis v. National Trust Insurance Co., et al.
Indiana Lawyer Featured Advertisers
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.
SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.
Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.
Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.
Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.
This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.