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COA affirms car forfeiture when owner arrested for iPhone theft

April 8, 2013
Dave Stafford
A Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.
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Hearings set for trio charged in southside Indy explosion

April 8, 2013
IL Staff
Three people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development will go before a judge in Marion Superior Court on Wednesday.
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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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Pair convicted in liquor store killing not entitled to DNA evidence

April 8, 2013
Dave Stafford
Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.
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Conour alleges feds reneged on deal to delay prosecution

April 5, 2013
Dave Stafford
Former personal injury attorney William Conour has filed an affidavit in his federal wire fraud case swearing that the government reneged on a deal to delay his prosecution so that he could settle outstanding cases that could have generated about $2 million in fees.
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Public input wanted on proposed changes to court rules

April 5, 2013
IL Staff
The Indiana Supreme Court wants to hear from judges, attorneys and the general public as it considers possible changes to court rules.
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Justices affirm denial of killer’s post-conviction relief

April 5, 2013
Dave Stafford
A man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s denial of post-conviction relief.
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Law students to join Bei Bei Shuai rally

April 5, 2013
Dave Stafford
Students from Indiana University Maurer School of Law will take part in a rally this weekend to call for an end to the prosecution on murder and attempted feticide charges of Bei Bei Shuai. Shuai consumed rat poison while pregnant, and her newborn daughter died shortly after birth.
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General Assembly enters final weeks with full schedule

April 5, 2013
IL Staff
Indiana’s biennial budget is eligible to receive a second reading in the Senate Monday as the Indiana General Assembly enters the final weeks of its regular session.
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Court reverses several theft convictions under single larceny rule

April 4, 2013
Jennifer Nelson
An Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.
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COA affirms dismissal for lack of personal jurisdiction

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.
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Trial court improperly suspended driving privileges for life

April 4, 2013
Jennifer Nelson
A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.
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Broken gun still a firearm for felon-conviction purposes

April 4, 2013
Dave Stafford
A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.
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Presence of alternate juror in deliberation room not reversible error

April 4, 2013
Dave Stafford
A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms defense verdict in motorcycle crash

April 4, 2013
Dave Stafford
A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.
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Judges rule on contractor dispute over new FBI headquarters

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
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Lake County murder conviction affirmed

April 4, 2013
Jennifer Nelson
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
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COA orders bank’s cause of action reinstated

April 4, 2013
Jennifer Nelson
A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.
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Evidence supports animal fighting convictions

April 4, 2013
Jennifer Nelson
A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.
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Firm mergers at highest number since 2009

April 4, 2013
IL Staff
U.S. law firm mergers in the first quarter of this year hit a four-year high, Altman Weil Inc. announced Thursday. Twenty-one firms announced mergers and acquisitions, with most deals involving acquisitions of small law firms.
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Gammage appointed magistrate in St. Joseph Circuit Court

April 4, 2013
IL Staff
St. Joseph Circuit Judge Michael Gotsch announced Wednesday that Andre B. Gammage will replace Elizabeth C. Hurley as magistrate judge on the court. Hurley was recently appointed to the St. Joseph Superior bench by Gov. Mike Pence.
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Disciplinary commission seeks suspension of former clerk’s law license

April 3, 2013
IL Staff
More than a month after former Lake County clerk Thomas R. Philpot was sentenced to serve 18 months for theft and mail fraud convictions, the Indiana Supreme Court Disciplinary Commission has requested his law license be suspended by the Supreme Court.
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Bill adding magistrates, judges in 3 counties moves to governor

April 3, 2013
IL Staff
Legislation that will add more judicial officers in Hamilton, Hendricks and Owen counties passed unanimously out of the House of Representatives Tuesday.
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Justices divided over vacating transfer in drug case

April 3, 2013
IL Staff
Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.
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7th Circuit: no liability insurance coverage for associate’s error

April 2, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
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  1. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  2. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  3. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  4. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  5. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

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