Courts
Mother not denied due process by not having appointed counsel in CHINS case
March 28, 2013
Jennifer NelsonWhile disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child
in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld
the termination of mother J.A.’s parental rights to her son G.P.
MorePence appoints Hostetler to St. Joseph bench
March 28, 2013
IL StaffIndiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge
Michael P. Scopelitis when he retires June 3.
MoreSenators skeptical of funding Odyssey access for public defenders
March 28, 2013
Dave StaffordSenate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to
give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many
counties.
MoreAppeals court tackles sex offender use of social media
March 27, 2013
Jennifer NelsonTwo months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain
social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s
First Amendment rights.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MoreCourt erred in striking state’s response as untimely
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s
response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant
the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
MoreCOA reverses vacation of grandparent visitation
March 27, 2013
Jennifer NelsonEven though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred
in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to
the grandmother’s lack of standing were waived when they failed to appeal the original order.
MoreJudges reduce sentence due to ineffective trial counsel
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming
from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed
to inform Scott of the correct maximum sentence he could face.
MorePence gets finalist list for St. Joe judgeship
March 27, 2013
IL StaffA letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been
delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed
to fill another pending vacancy on the court.
MoreAttorneys use pro bono tax work to fill the gap
March 27, 2013
Marilyn OdendahlAlmost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into
her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
MoreLawmakers advance bill to aid courthouse restoration, but money is missing
March 27, 2013
Dave StaffordNearly every county seat in Indiana could benefit from a bill promoting historic courthouse renovation and maintenance projects.
Only problem is, when lawmakers passed the legislation through the Senate they stripped out the money for it.
MoreBehind the News: Lawsuit over Simon’s bonus may expose board’s mindset
March 27, 2013
Greg AndrewsThe $120 million retention bonus that Simon Property Group Inc.’s board awarded David Simon two years ago has spawned
a bitter legal battle in Delaware that promises to shed fascinating light on the inner workings of the board.
MoreRenovation project raises questions on public bidding
March 27, 2013
Marilyn OdendahlContractors claim in lawsuit that a school corporation's financing method circumvented the law.
MoreHazing suit weighs college, fraternity liability
March 27, 2013
Dave StaffordA former freshman pledge hurt as fraternity brothers at Wabash College carried and then dropped him will have his case heard
by the Indiana Supreme Court, testing the reach of Indiana’s anti-hazing statute.
MoreDisciplinary Actions - 3/27/13
March 27, 2013
IL StaffSee who's been suspended by the Indiana Supreme Court.
MoreIndiana solicitor general: ‘Good day’ for traditional marriage at SCOTUS
March 26, 2013
Dave StaffordIndiana and other states against same-sex marriage appeared to make a strong impression on the U.S. Supreme Court justices
Tuesday, Indiana Solicitor General Thomas Fisher said after watching arguments in Washington.
MorePolice following drug package wire into home unconstitutional, COA rules
March 26, 2013
Dave StaffordPolice violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track
the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
MoreVoucher program stands, Indiana Supreme Court rules
March 26, 2013
Dave StaffordIndiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme
Court unanimously ruled Tuesday.
MoreIndiana Supreme Court: school vouchers constitutional
March 26, 2013
IL StaffIndiana’s school voucher program is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
MorePence appoints Hurley to St. Joseph bench
March 25, 2013
IL StaffGov. Mike Pence on Monday made his first appointment to the judiciary, announcing Elizabeth C. Hurley will fill a vacancy
when St. Joseph Superior Judge Roland W. Chamblee retires March 31.
MoreHigh School Mock Trial Championship volunteers can earn free CLE
March 25, 2013
IL StaffVolunteers are needed to judge mock trials in May, when Indianapolis for the first time will host the National High School
Mock Trial Championship. Attorneys who volunteer to judge will earn free continuing legal education credit.
MoreProspective juror’s criticism of lawyer OK in verdict for hospital
March 25, 2013
Dave StaffordWhen a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money,
that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial,
the Court of Appeals ruled Monday.
MoreLake County judge pro tem appointed to fill Bonaventura vacancy
March 25, 2013
Dave StaffordSenior Judge Thomas W. Webber Sr. was appointed a judge pro tem late Friday as the Indiana Supreme Court intervened further
in a controversy over who will be the next judge of the Lake Superior Court Juvenile Division.
MoreJudge tosses township jurisdiction challenge in collection cases
March 22, 2013
Dave StaffordA federal judge has ruled that Marion County collections cases need not be filed in the township where a defendant lives or
a contract was signed, a key ruling regarding a practice criticized as “forum shopping.”
MoreWhite claims Brizzi ‘ignorant’ of law, jurors wowed by Super Bowl
March 22, 2013
Dave StaffordFormer Secretary of State Charlie White says his convictions on six charges ranging from vote fraud to theft should be tossed
because they violated state and federal law. He also claims that his lawyer, former Marion County Prosecutor Carl Brizzi “was
ignorant of the law.”
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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.