Prosecutors

Problem-solving courts, CHINS legislation return to house of origin

March 20, 2013
IL Staff
The Indiana Senate passed several House bills Tuesday, including legislation expanding when a person can participate in a problem-solving court program. The House of Representatives returned bills on children in need of services petitions and prosecutor pensions back to the Senate.
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House Committee approves CHINS bill returning power to prosecuting attorneys

March 13, 2013
Marilyn Odendahl
A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.
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Spotlight: Change of venue case requires planning, preparation and packing

March 13, 2013
Marilyn Odendahl
Moving a trial from one court to another can be cumbersome and brings with it logistical matters that have to be worked out so the lawyers can focus on presenting their case. Transporting office supplies, reserving hotel rooms, securing conference rooms and learning the demographics of the community before selecting the jury are among the tasks that have to be addressed.
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Overhaul of Criminal Code approved by House

February 26, 2013
Marilyn Odendahl
The bill rewriting Indiana’s Criminal Code gained approval of the House of Representatives Monday by an 80 to 13 vote. The measure now moves to the Senate.
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Prosecutor requesting life without parole for 3 defendants in Indianapolis explosion

February 11, 2013
Marilyn Odendahl
Marion County Prosecutor Terry Curry has decided to request life sentences without parole, instead of the death penalty, for the three defendants charged in the Richmond Hill subdivision explosion.
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DWD, prosecutor team up to target unemployment insurance fraud

February 5, 2013
IL Staff
Indiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance claims.
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State may drop Bei Bei Shuai murder charge after adverse ruling

January 28, 2013
Dave Stafford
A judge’s ruling last week barring a medical examiner’s testimony that rat poison ingested by Bei Bei Shuai caused the death of her newborn daughter should cause the state to consider dropping all charges, Shuai’s defense attorney said.
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3 charged in Indianapolis home explosion

December 21, 2012
Jennifer Nelson
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
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Low pay leads to high job turnover

November 21, 2012
Marilyn Odendahl
Salaries in the public sector are causing the criminal justice system to suffer.
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Prosecutor error insufficient to reverse murder conviction

October 19, 2012
Dave Stafford
A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.
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Indiana Department of Child Services urged to set course for new direction

October 10, 2012
Marilyn Odendahl
With a new governor taking over Indiana’s executive branch in January, what changes, if any, will come to the Department of Child Services are unknown. However, some contend that should not stop the agency from addressing criticism and implementing new policies or programs now.
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Judges’, prosecutors’ pension funds receive split of surplus reserves

October 4, 2012
IL Staff
Indiana’s Judges’ Pension Fund and Prosecutors’ Pension Fund will receive nearly 30 percent of the $360 million in surplus money from the state reserves, the governor’s office announced Thursday.
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DCS launching pilot to address children with mental health issues

September 18, 2012
Jennifer Nelson
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
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The case against Bei Bei Shuai

August 15, 2012
Dave Stafford
Marion County Prosecutor Terry Curry never expected the prosecution of Chinese immigrant Bei Bei Shuai to become a cause célèbre. It also has become a battleground over prosecutorial discretion and how far a defense attorney can go in representing her client.
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Appeals court affirms molestation conviction

August 13, 2012
Dave Stafford
A child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify and that the evidence was insufficient.
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Attorney can’t recast untimely 4th Amendment claim against prosecutor

August 8, 2012
Jennifer Nelson
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
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Justices reduce caregiver’s sentence in child’s killing

August 1, 2012
Dave Stafford
The Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that led to the murder of the woman’s 2-year-old cousin while in her care.
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Justices order new trial for Ripley County man

July 12, 2012
Jennifer Nelson
A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
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LaPorte deputy prosecutor to serve during Szilagyi’s suspension

July 5, 2012
Dave Stafford
The Indiana Supreme Court named Robert D. Neary to serve as interim LaPorte County prosecutor beginning Aug. 1, when prosecutor Robert C. Szilagyi will start serving a 60-day suspension for forgery.  
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Lawyers relax and find camaraderie in softball league of their own

July 4, 2012
Jenny Montgomery
The Lawyer League softball is an annual summertime league in Indianapolis that's been around for more than 30 years.
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COA: Prosecutor had ability to provide use immunity

June 22, 2012
Jennifer Nelson
The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.
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Appeals court affirms attempted rape conviction

June 8, 2012
Dave Stafford
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
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Hogsett lifts US attorney's public profile

June 6, 2012
Dave Stafford
One expert says federal prosecutors have become more visible across the country.
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Judges uphold murder conviction

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
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Legislature announces summer study committees

May 24, 2012
Jennifer Nelson
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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