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Transfer granted to confrontation issue

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to five cases Aug. 14, including a case that asks whether a defendant has the right to confront the lab technician who prepared a certificate of analysis. The high court granted transfer to Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, in which the Indiana Court of Appeals in July affirmed Richard Pendergrass' convictions of child molesting. The appellate court ruled Pendergrass' Sixth Amendment right to confrontation wasn't violated with the admittance of a certificate of analysis...
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Court orders suit against Papa John's to trial

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a grant of summary judgment in favor of a national pizza chain and its employee, finding there were genuine issues of fact as to whether the employee's statement to police was protected by privilege. In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A. Inc., No. 29A02-0707-CV-625, Thomas Williams and Sanford Kelsey appealed the trial court grant of summary judgment in favor of Papa John's on their claims for defamation, false imprisonment,...
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COA: Priest abuse suit can proceed

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals this week declined to take an interlocutory appeal on a case accusing the Archdiocese of Indianapolis of covering up an ex-priest's history of sexual abuse.In denying the case of Archdiocese of Indianapolis, et al. v. John Doe NM, 49A05-0802-CV-00075, the court has given its go ahead for the Marion County civil suit to proceed to trial; it would be the first of 13 against the archdiocese to survive summary judgment. The suit was brought by a...
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Justices take riverboat revenue case

January 1, 2008
Michael Hoskins
The state's highest court has agreed to hear a case involving $16 million of East Chicago riverboat casino revenues and whether a private business can shield its financial records from the public.The Indiana Supreme Court granted transfer Aug. 14 in Steve Carter v. East Chicago Second Century, et al., No. 49A02-0708-CV-722. The case concerns the attorney general's request last year for a public accounting of money disbursed to Second Century from the state-licensed riverboat, which eventually became Harrah's.In a March ruling,...
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Court of Appeals rules against FSSA

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of an action against the Family and Social Services Administration regarding the denial of Medicaid applications, finding the FSSA relied on an incorrect statute to justify the denial of new evidence supporting a disability claim on the appellate level. In William Curtis, Gary Stewart, and Walter Raines, on behalf of themselves and those similarly situated v. E. Mitchell Roob Jr., as Secretary of Indiana Family and Social Services Administration, and Jeff...
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COA: Attorney must wait to collect fees

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court's ruling on when an attorney could receive his compensation under a contingency fee agreement, even though the attorney didn't submit a transcript of the bench trial detailing the trial court's findings. In Thomas J. Herr v. Carter Lumber Inc., The Carter Jones Lumber Company, and Brian L. Oaks, No. 79A02-0803-CV-290, before ruling on the issue Thomas Herr was appealing - whether the trial court erred in ordering he receive compensation under a...
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State bar offers 4-day work week

January 1, 2008
IL Staff
To help with rising gas prices, the Indiana State Bar Association is offering its employees the option of working just four days a week, although the office will remain open five days a week.About half of the bar association's 18 employees have taken advantage of the change, allowing them to work four extended days instead of five days with typical business hours. The bar association offices remain open Monday through Friday, and employees stagger their work schedules so the office is...
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Judges disagrees about jury-verdict reversal

January 1, 2008
Michael Hoskins
The chief judge on the Indiana Court of Appeals is calling a majority's decision today a "radical act" in reversing a $45,000 jury verdict in favor of a former Butler University football player who was suspended from the school after being accused of raping a female volleyball player.In Susana Henri v. Stephen Curto, No. 49A02-0709-CV-777, Chief Judge John G. Baker disagreed with his two colleagues - authoring Judge Patricia Riley and Judge Margret Robb, who reversed the Marion County jury decision and...
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COA Judge John T. Sharpnack retires

January 1, 2008
Michael Hoskins
After 17 years on the appellate bench, Judge John T. Sharpnack is retiring today from the Indiana Court of Appeals.Though he's stepping down as a full-time jurist, Judge Sharpnack plans to continue his work as a senior judge starting Monday; he reaches the constitutionally mandated retirement age of 75 May 7.A 3 p.m. retirement ceremony was planned to mark his departure from the court, with Chief Judge John Baker presiding. Judge Sharpnack's family, colleagues, former law clerks, and special guests were...
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Supreme Court record manager retires

January 1, 2008
IL Staff
After spending 22 years as the Indiana Supreme Court's director of information management, John Newman has decided it's time to leave state government to pursue his passion for writing. Newman's last day is July 25. Newman started his career in state government in 1970, taking oral history interviews for the Indiana State Library. He was later named Indiana's state archivist, a position he held until 1986 when he became the director of information management for the Supreme Court.As court records manager,...
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Appellate office clears backlog

January 1, 2008
Michael Hoskins
A new shift in the Indiana Appellate Clerk's Office has helped eliminate a backlog that created delays for some files getting to the appropriate court and appearing on the docket.Dealing with a backlog that's been evident for months, Appellate Clerk Kevin Smith started making changes late last year after becoming concerned with the ability to keep up with growing caseloads and intake workloads. The office implemented staff and organizational changes in January that involved hiring new employees, shuffling existing staff, and...
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Supreme Court grants 3 transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer late last week to three cases to rule on issues of double recovery, evidence obtained through search warrants, and emotional distress. The court granted transfer to Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes appealed the Indiana Worker's Compensation Board's denial of his petition for compensation from the Second Injury Fund. Mayes argued his settlement with a third-party tortfeasor shouldn't bar his recovery as a matter of law. At issue in the appeal...
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Solvent defendant must pay for interpreter

January 1, 2008
Jennifer Nelson
A solvent, non-English speaking defendant in a criminal case must pay for a defense interpreter, but the court will continue to provide for proceedings interpreters at the public's expense, ruled the Indiana Supreme Court, upholding a previous decision by the Indiana Court of Appeals. The high court granted transfer to Jesus Arrieta v. State of Indiana, No. 10S05-0704-CR-139, to determine whether Arrieta was entitled to a court-funded defense interpreter. Arrieta, who did not speak English, was charged with dealing cocaine, a Class...
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Race benefits fight against domestic violence

January 1, 2008
IL Staff
The Indiana Coalition Against Domestic Violence is hosting its fifth annual race Aug. 16 to raise money and awareness for the fight against domestic violence.The Race Away From Domestic Violence includes a 10k run, 5k run, and a 5k walk/wheelchair roll that are open to everyone. Individuals and teams can participate in the races and the ICADV encourages participants to seek pledge money, which will be used to support services for victims of domestic violence.Registration begins at 7 a.m., followed by...
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Court: Michigan lawyer to stay away for 2 years

January 1, 2008
Michael Hoskins
An embattled Michigan attorney is barred for two years from taking any new cases in Hoosier courts, the Indiana Supreme Court ruled today. Justices issued a per curiam opinion today in disciplinary action In the Matter of Geoffrey N. Fieger, No. 98S00-0609-DI-340, finding the attorney committed misconduct by making material misrepresentations in a sworn application for temporary admission to St. Joseph Circuit Court in late 2005. Chief Justice Randall T. Shepard and Justices Theodore Boehm and Robert Rucker agreed on the two-year...
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New federal chief judge for Southern District

January 1, 2008
Michael Hoskins
A new chief judge has taken the leadership reins for the U.S. District Court for the Southern District of Indiana.On Jan. 1, U.S. District Judge David F. Hamilton replaced Judge Larry J. McKinney as chief judge, meaning he'll be expected to handle the court's administrative matters and be a chief spokesperson for the court until 2015.During Judge McKinney's seven-year term as chief of the nation's third-busiest District Court, he'd led a court handling 23,000 civil and criminal cases, helped launch an...
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SCOTUS: Lethal injection allowed

January 1, 2008
Michael Hoskins
While lethal injection itself isn't unconstitutional, a ruling today from the U.S. Supreme Court has left open the door for more legal challenges to how states administer the deadly drugs. But on a broader level, the one justice who supported the 1976 decision to reinstate Capital punishment is now in favor of reigniting the debate on the death penalty and striking it down.In a widely splintered 7-2 decision in Baze, et al. v. Rees, et al., No. 07-5439, justices wrote a series...
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Notable attorney to speak at IU-Bloomington

January 1, 2008
IL Staff
A prominent attorney, civil rights leader, and political figure will deliver the 2008 Neal-Marshall Lecture in Public Policy March 27 at Indiana University in Bloomington.Vernon E. Jordan Jr. will share his thoughts about the current presidential campaign and other topics in his lecture, "America - Crossing Boundaries of Possibility." Jordan was executive director of the United Negro College Fund Inc., president and CEO of the National Urban League Inc., served as an advisor to President Bill Clinton, and has practiced law in Arkansas...
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Court: Broker must pay back commission

January 1, 2008
Jennifer Nelson
A broker who breaches his fiduciary duty to disclose material information to a client loses the right to collect a commission for his services, the Indiana Supreme Court ruled today. The high court unanimously reversed a trial court decision finding that although a broker breached his fiduciary duty to his client, his commission shouldn't be revoked and be repaid to his client.In Tonda Beth Nichols v. Rex David Minnick and R. David Minnick Inc. d/b/a Commercial Properties, No. 53S01-0711-CV-515, Nichols sued Minnick...
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Indiana first to sign Great Lakes Compact

January 1, 2008
IL Staff
Indiana became the first state to adopt the updated Great Lakes Compact Thursday. Gov. Mitch Daniels signed SEA 45, which implements added protections on Great Lakes water through the multi-state agreement. The Great Lakes-St. Lawrence River Basin Water Resources Compact was first developed more than five years ago and ensures that authority over water uses from the Great Lakes stays in the region. It also provides that economic development will be fostered through sustainable use and management of the waters and that...
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Court: No sudden heat, no voluntary manslaughter

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court reversed a defendant's conviction of voluntary manslaughter after ruling the trial court erred by instructing the jury about voluntary manslaughter in the absence of evidence of sudden heat. In Andrew Lee Watts v. State of Indiana, No. 45S03-0611-CR-452, Watts appealed his conviction of voluntary manslaughter following a jury trial. The state charged Watts with murder following a tavern shooting, but also had the jury instructed on the lesser-included offense of voluntary manslaughter. At trial, Watts requested jury instructions...
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Defendants can waive appeal right in bargains

January 1, 2008
Michael Hoskins
Criminal defendants can waive their right to appeal a trial court's sentencing decision as part of a plea agreement, the Indiana Supreme Court ruled today.In a unanimous ruling in Timothy Ray Creech v. State of Indiana, No. 35S02-0709-CR-376, justices affirmed a decision from Huntington Circuit Judge Thomas M. Hakes.The case stems from a six-year executed sentence on a child-molesting charge in 2006; Creech had entered a plea agreement that left the sentence up to the trial judge but capped the executed portion...
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Court examines master commissioner statutes

January 1, 2008
Michael Hoskins
Footnotes in at least two recent Indiana Court of Appeals decisions show how the appellate court sees state statutes governing the authority master commissioners have in carrying out trial court business.In a published opinion issued today in Denia Baniaga v. State of Indiana, No. 49A04-0801-CR-21, the three-judge panel led by Chief Judge John G. Baker attached a footnote to the first page of the case from Marion Superior Judge Steven Eichholtz and Master Commissioner Patrick Murphy. The master commissioner heard the...
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Delayed COA appeal declared moot

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals dismissed an appeal by an election board and political candidates who challenged a candidate's ability to run as an Independent because the candidate had already lost in the election when the appeal finally made it before the appellate court. The appeal, Lake County Board of Elections and Registrations, Myrna Maldonado, Richard Medina, and Juda Parks v. Anthony Copeland, No. 45A04-0710-CV-560, came before the Court of Appeals after the November 2007 election because of an error in the...
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Judge pleads guilty, receives suspension

January 1, 2008
Jennifer Nelson
Allen Circuit Judge Thomas J. Felts pleaded guilty today in Marion Superior Court to operating a vehicle while intoxicated as a misdemeanor. Marion Superior Judge William Nelson sentenced the judge to one year probation and suspended his driver's license for 90 days, starting tomorrow. The Marion County Prosecutor's Office asked the judge to immediately suspend Judge Felt's driver's license, but Judge Nelson allowed for a one-day delay so that Judge Felts could drive home to Allen County, said Marion County Prosecutor's...
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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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