Trials

Toxicology lab witness’s failure to appear dooms drunken-driving conviction

April 8, 2013
Dave Stafford
A Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana Court of Appeals ruled Monday.
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Justices order new trial for man tried in absentia

February 19, 2013
Jennifer Nelson
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
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Indianapolis police officer’s trial moved to Allen County

February 15, 2013
IL Staff
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
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Appeals court: Felon waived speedy trial, judge challenges

November 2, 2012
Dave Stafford
A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.
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Clay County man entitled to discharge because of ruling delays

October 1, 2012
Jennifer Nelson
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
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Arguments for pretrial release found to be 'unquestionably inappropriate'

September 11, 2012
Marilyn Odendahl
The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.
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Mom’s conviction due to child’s school absences upheld

August 30, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
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Judges order new trial due to counsel’s deficient performance

August 29, 2012
Jennifer Nelson
A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
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Trial court has no authority to alter man’s conviction

August 17, 2012
Jennifer Nelson
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
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Couple’s trial strategy worked against them

August 15, 2012
Jennifer Nelson
A couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary rulings lost their case in the Indiana Court of Appeals.
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Man did not validly waive right to jury trial

August 15, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
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State will appeal IBM ruling

July 18, 2012
Jennifer Nelson
The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.
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Book Review: 'Performance on Trial: The Case for Better Entertainment'

July 18, 2012
Rodney Nordstrom
Litigation consultant Rodney Nordstrom reviews the book: 'Performance on Trial: The Case for Better Entertainment; by Joseph Curcillo III.
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Settlement documentaries can be persuasive tool

July 18, 2012
Dave Stafford
Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.
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COA rules trial court should have allowed DCS to withdraw adoption consent

July 10, 2012
Dave Stafford
The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.
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Justices clarify previous decision on Criminal Rule 4(B)

May 31, 2012
Jennifer Nelson
The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.
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No error in admitting testimony of domestic violence expert

May 17, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.
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Governor appoints interim secretary of state

February 6, 2012
IL Staff
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
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COA orders new trial in resisting law enforcement case

December 28, 2011
Jennifer Nelson
A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.
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Judge rules Charlie White ineligible for candidacy

December 22, 2011
Francesca Jarosz
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
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Justices rule trial court didn't err in granting mistrial

October 18, 2011
Jennifer Nelson
The Indiana Supreme Court found that although a defendant didn’t consent to a mistrial, the trial judge didn’t abuse his discretion in finding that a mistrial was justified by “manifest necessity.”
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South Bend school wins national competition; 2013 event to be in Indiana

June 3, 2011
Jenny Montgomery
For the second time in three years, South Bend’s John Adams High School won the annual National High School Mock Trial Championship.
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COA accepts appeal on Camm prosecutor

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has accepted an interlocutory appeal addressing whether a southern Indiana prosecutor should be able to stay on the third triple-murder trial of former Indiana State Police trooper David Camm
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IBM litigation explores executive privilege issue

March 23, 2011
Michael Hoskins
A Marion Superior judge has ordered Indiana state officials to turn over thousands of documents relating to the state’s cancellation of a welfare system modernization, ruling on an issue of first impression about whether a “deliberative processes” executive privilege exists in Indiana.
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Porter County can't leave RDA

March 2, 2011
Jennifer Nelson
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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