weapons

Man can't prove ineffective assistance from attorney

May 2, 2012
Jennifer Nelson
The 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.
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Divided 7th Circuit affirms 'career offender' conviction

March 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
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Court upholds finding man committed crime of domestic violence

December 22, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.
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Debate over local gun laws continues

November 9, 2011
Jenny Montgomery
On Oct. 24, the Hammond City Council again declined to repeal ordinances introduced by Councilwoman Kim Poland that would modify local gun laws in order to align with new state laws.
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Federal court addresses resentencing issue

October 25, 2011
Michael Hoskins
A federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
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Judges interpret left turn traffic statute

October 24, 2011
Michael Hoskins
Turning 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.
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Circuit Court affirms admission of drugs, sentence

July 22, 2011
Jennifer Nelson
The 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.
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Justices rule on 'no-knock' warrant executions

May 10, 2011
Jennifer Nelson
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
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Justices uphold Baer's death penalty

January 26, 2011
Jennifer Nelson
The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.
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SCOTUS declines to consider Indiana case

January 10, 2011
Michael Hoskins
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
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Man accused of planning to blow up courthouse sentenced

January 3, 2011
Jennifer Nelson
The Pike County man who was arrested by police after they discovered his plan to blow up that county’s courthouse was sentenced today after pleading guilty to a charge stemming from the incident.
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High court takes 3 cases

November 2, 2010
IL Staff
The 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.
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Judges' right to bear arms (sometimes)Restricted Content

October 27, 2010
Michael Hoskins
The Commission on Courts didn't recommend any state statute changes that would have allowed judges authority to carry weapons in places county ordinances or laws currently prevent.
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7th Circuit expands inquiry to implicit motion for new attorney

August 5, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
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7th Circuit upholds gun ban for domestic violence offender

July 14, 2010
Rebecca Berfanger
A Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor is not allowed to have those firearms, even though he argued they were used for hunting.
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COA upholds stop of teen with gun

June 17, 2010
Jennifer Nelson
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded the juvenile court’s comments to the teen’s father don’t require a remand.
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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
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Court reverses handgun conviction

April 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
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COA: no error in admitting no contest plea

March 25, 2010
Jennifer Nelson
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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Judges find search of car for gun not justified

March 4, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.
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Trial judge's comments spur COA reversal

December 15, 2009
Jennifer Nelson
Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.
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Trial court didn't err in denying mistrial

November 9, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
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COA: Police didn't need to search car after stop

June 1, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction, ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.
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Judges: Vehicle stop by cops reasonable

April 2, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
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Court affirms delay in jury trial for congestion

February 18, 2009
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing, his trial should take priority over another man's trial scheduled for the same day.
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  1. 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.

  2. 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.

  3. 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.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. 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.

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