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Man’s defense of necessity argument fails on appeal

October 29, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.
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Attorney to educate teens on dangers of texting and driving

October 29, 2013
IL Staff
Terre Haute attorney Steve Williams will join more than 850 attorneys around the country and Canada to educate students on the dangers of texting and driving.
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COA: Petitioning court for placement not the same as applying directly

October 29, 2013
Jennifer Nelson
The Indiana Court of Appeals clarified for a defendant its previous conclusion that he never applied for acceptance into a county post-conviction forensic diversion program and affirmed that his petition for judicial review was not proper.
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Surrogate: Clients lost fees paid to attorney who fled

October 28, 2013
Dave Stafford
As many as 80 clients of a Kokomo attorney may have pre-paid for bankruptcy petitions that the attorney failed to file before leaving the country, according to the lawyer appointed to wind down the practice.
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Justices take homeschooling-group expulsion case

October 28, 2013
IL Staff
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.
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COA upholds denial of convicted murderer’s motion to dismiss

October 28, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.
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Surrogate handling missing Kokomo attorney’s files

October 28, 2013
Dave Stafford
Kokomo attorney Bradley Hamilton has been missing more than a month, leaving behind numerous unrepresented clients.
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COA: Admission of prior bad acts was a harmless error

October 25, 2013
Jennifer Nelson
The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.
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IU McKinney to offer degree for non-attorneys next year

October 25, 2013
Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.
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COA: Admission of evidence of phone number did not affect verdict

October 25, 2013
Because of overwhelming evidence placing the defendant at the scene of a shooting, the admission of additional evidence that before the shooting, a victim made calls to a phone number associated with the shooter did not affect the verdict, the Indiana Court of Appeals held Friday.
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Judges say evidence supports a retrial

October 25, 2013
Jennifer Nelson
Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.
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Man didn’t prove ex-wife misappropriated child support payments

October 25, 2013
Jennifer Nelson
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
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Former Lake County clerk’s convictions upheld by 7th Circuit

October 25, 2013
Jennifer Nelson
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
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Zoeller moves to strike Ritz’s suit against Board of Education

October 24, 2013
Dave Stafford
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
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Jury finds David Camm not guilty of murder

October 24, 2013
IL Staff
After 13 years and three murder trials, David Camm has been found not guilty of murdering his wife and two young children.
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Bankruptcy court staff cuts starting to impact customers

October 24, 2013
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana cut an additional eight positions from its clerk’s office at the end of September, according to an update posted online from Chief Judge James Coachys. The court had already cut six positions in the beginning of the year.
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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

October 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
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COA once again rules guardians have no authority to file for divorce

October 24, 2013
Jennifer Nelson
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
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Court upholds 2-year suspension of teacher’s license

October 24, 2013
Jennifer Nelson
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
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Court of Appeals names Nancy Vaidik as next chief judge

October 23, 2013
IL Staff
The Indiana Court of Appeals of Indiana has selected Judge Nancy H. Vaidik to succeed Judge Margret G. Robb as the court’s next chief judge. Vaidik’s three-year term of office will start Jan. 1, 2014.
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Judge: better to assess defendant under mental health law, not criminal one

October 23, 2013
Jennifer Nelson
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
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New survey outlines how corporate law departments are cutting costs

October 23, 2013
IL Staff
Chief legal officers have turned to negotiating price reductions with outside counsel, doing more work in house, and greater use of technology in efforts to control costs, according to a survey released Wednesday by legal management consulting firm Altman Weil Inc.
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Proposed changes to fee schedules in Allen County open to public comment

October 23, 2013
IL Staff
Allen Superior Court is, again, offering for public comment proposed changes to the fees for its alternative court programs.
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Conour’s 10-year sentence disappoints victims

October 23, 2013
Dave Stafford
Judge says the former attorney’s theft of nearly $7 million from clients casts a shadow over the legal profession.
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Faith in practice

October 23, 2013
Marilyn Odendahl
Red Mass reinforces the value of respect, civility and community in the legal profession.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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