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President chooses magistrate for judgeship

January 1, 2008
Michael Hoskins
President George W. Bush has nominated an Indianapolis federal magistrate to replace Judge John D. Tinder who recently took a seat on the 7th Circuit Court of Appeals.The president on Thursday sent a nomination to the Senate for Magistrate Judge William T. Lawrence, who's been on the federal bench since November 2002. Magistrate Judge Lawrence was one of seven nominations sent, including nominations for the U.S. Tax Court. Republican Sen. Richard Lugar recommended the Indianapolis magistrate for the position."I have known...
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Court upholds damages award against doctor

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a damages award to the parents of a stillborn child against a doctor, finding the trial court properly excluded opinion testimony from two treating doctors and a letter written to those doctors before the trial by the parents' attorney. In Jeffrey L. Cain, M.D. v. Richard Back and Suzette Back, No. 20A03-0705-CV-225, Dr. Jeffrey L. Cain appealed the trial court judgment of $800,000 in damages to Richard and Suzette Back on their claim of medical malpractice.The...
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Application of residency law unconstitutional

January 1, 2008
Rebecca Berfanger
  The Indiana Court of Appeals today upheld a lower court's ruling that in at least one case of the state's application of a law prohibiting violent and child sex offenders from living within 1,000 feet of a school or public area where children congregate is unconstitutional.The ruling came in State of Indiana v. Anthony W. Pollard, No. 05A02-0707-CR-640. Judges heard arguments in the case March 31. The state argued that Indiana Code Section 35-42-4-11 was not considered ex post facto...
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Indiana's e-ticket system nationally recognized

January 1, 2008
IL Staff
The Indiana Supreme Court's e-ticket system has won an honorable mention in the 2008 Best of the Web and Digital Government Achievement Awards given by the Center for Digital Government. The court's electronic Citation and Warning System (eCWS) was honored in the Government-to-Government category. Winners were recognized for the strides they have made to implement better access and more efficient Web delivery of public services.The e-ticketing program allows law enforcement to use hand-held devices to scan a bar code on driver's...
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COA arguments set for IU student's killer

January 1, 2008
IL Staff
The Indiana Court of Appeals will hear arguments Thursday in the case of the man convicted of killing an Indiana University student. John R. Myers II appeals his conviction of the murder of Jill Behrman, claiming the trial court committed several errors including denying his motion for a change of venue, denying his motions in limine to exclude testimony of certain witnesses, admitting an interrogation tape without proper admonition to the jury, and denying his motion for a mistrial due to...
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Plea can't be challenged with new evidence

January 1, 2008
Jennifer Nelson
In a case of first impression, the Indiana Supreme Court ruled a guilty plea can't be challenged in post-conviction proceedings by a claim of newly discovered evidence regarding the events making up the crime. In Shawn E. Norris v. State of Indiana, No. 43S03-0807-CR-379, Shawn Norris appealed the post-conviction court's grant of the state's motion for summary disposition on Norris' petition for post-conviction relief. Norris pleaded guilty four years earlier to molesting his sister's child, served his sentence, and then later...
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Former Marion Superior judge dies

January 1, 2008
IL Staff
A former Marion Superior Court judge and longtime executive director of the Indiana Prosecuting Attorneys Council died April 5 at his home after a long illness.Hon. Richard P. Good Jr., 76, was appointed by Gov. Frank O'Bannon in 1997 to Marion Superior Court, where he served in the Criminal Division. During his time on the bench, he was chosen by his peers to serve on the executive committee. After leaving the bench in 2002, he took on temporary assignments as presiding...
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Justices: Indiana OK to dismiss jurisdiction

January 1, 2008
Jennifer Nelson
In an Indiana custody case that started before a married couple's only child was born, the Indiana Supreme Court ruled that either Indiana or the state where the child was born could have jurisdiction over proceedings. The Indiana trial court dismissed proceedings in favor of Washington State, where the child was born, as a more convenient forum, clearing the way for that state to take over jurisdiction. The issue in Anthony N. Stewart v. Signe L. (Stewart) Vulliet, No. 12S02-0708-CV-331, is whether...
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New family law conference seeks papers

January 1, 2008
Jennifer Nelson
A new Midwest family law conference is looking for a few good papers to kick off its inaugural meeting in Indianapolis. The conference, "Jazzing up Family Law," will be June 13 at Indiana University School of Law - Indianapolis. The Midwest Family Law Consortium founding members - Indiana University School of Law - Indianapolis, University of Missouri - Kansas City, and William Mitchell College of Law - are seeking papers and presenters for its family law conference. Papers can be submitted...
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Board approves new ICJI executive director

January 1, 2008
IL Staff
T. Neil Moore has been approved as executive director of the Indiana Criminal Justice Institute. The ICJI board approved the appointment by Gov. Mitch Daniels on Feb. 29. Moore comes to the position with many years of law enforcement experience, first working as an Indiana State Excise Police agent and then the Fort Wayne Police Department, where he served as chief of police for 10 years. After working in law enforcement, Moore became an assistant professor in the School of Public...
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Suit against Vanderburgh County dismissed

January 1, 2008
Michael Hoskins
A federal judge in Indianapolis has dismissed a suit against Vanderburgh County that claimed county officials were responsible for a 2005 triple murder-suicide by an inmate on work release.On Wednesday, U.S. District Judge Sarah Evans Barker issued a 13-page order dismissing the federal complaint Christine Sandage, et al. v. Board of Commissioners of Vanderburgh County, Indiana, et al. The suit stems from the deaths of Sheena Sandage-Shofner, Alfonzo Small, and Tara Jenkins, who were fatally shot almost three years ago by...
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High court grants, vacates transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case regarding whether the Indiana Patient's Compensation Fund can introduce evidence of liability on an action seeking excess damages. The court also vacated a transfer in a case that involves an amendment to charging information that happened after the omnibus date. The court granted transfer to Jim Atterholt, Commissioner of the Indiana Department of Insurance, as Administrator of theIndiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A....
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High court to hear 3 arguments Thursday

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in three cases involving different issues - the cleanup of hazardous material, a defendant sentenced to death, and a child-custody dispute. In the arguments scheduled at 9 a.m., the justices will hear The Indiana Department of Environmental Management v. Raybestos Products Co., No. 49A02-0609-CV-782, in which the Indiana Court of Appeals reversed a Marion Superior Court decision granting summary judgment for Raybestos on the issue of breach of contract against IDEM. Raybestos filed a...
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Court affirms dismissal of default judgment

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court finding that a mother had a valid excuse for not showing up to a child-support modification hearing because neither she nor her attorney received proper notice of the hearing. In Jason D. Bunch v. Katherine R. Himm, 64A04-0705-CV-262, Bunch and Himm divorced, leaving Bunch with physical custody of their two children. Himm moved from northern Indiana to South Carolina and joined the United States Marine Corps Reserves. Their divorce decree was finalized...
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Attorney, ex-appellate clerk dies suddenly

January 1, 2008
Michael Hoskins
A Fort Wayne and Indianapolis health-care law attorney who'd previously served as the governor's counsel and as state appellate clerk in the 1990s died suddenly Tuesday night.John Okeson, 43, died at Lutheran Hospital in Fort Wayne after suffering from a short flu-like illness during the past week; he was admitted to the hospital late Sunday or Monday, according to his legal colleagues. The county coroner's office told media that Okeson had been sick and admitted to the hospital, where staff determined...
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Court: Attorney mistake 'inexcusable neglect'

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals dismissed a woman's appeal following the denial of Social Security benefits because the woman's attorney failed to file the appeal in time under the Federal Rules of Civil Procedure.In Janet L. McCarty v. Michael J. Astrue, Commissioner of Social Security, No. 07-2104, Janet McCarty's application for disability insurance benefits and Supplemental Security Income was denied by the Social Security Administration and an administrative law judge.She appealed to the U.S. District Court in the Southern District of...
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State can't cross-appeal sentence under rule

January 1, 2008
Jennifer Nelson
The state may not cross-appeal a sentence for an abuse of discretion or inappropriateness unless the defendant appeals his or her sentence in the appellant's brief, the Indiana Court of Appeals ruled today. The issue of the state filing a cross-appeal of a sentence is a matter of first impression. In Steven McCullough v. State of Indiana, No. 49A02-0711-CR-931, Steven McCullough filed an appeal of his convictions of two counts of criminal confinement, battery, and the finding he was a habitual offender....
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Court: Nontestimonial statements allowed at trial

January 1, 2008
Jennifer Nelson
Statements to police made by a woman who accused a defendant of hitting her should have been admissible during the defendant's trial, the Indiana Court of Appeals ruled April 25.The appellate court determined statements made by Keyona Brooks, in which she said defendant Tracey Lamont Martin struck her in the face while they were fighting in the car before he drove off with her children, should have been considered nontestimonial, and thus admissible at trial.Brooks was not available to testify at Martin's trial...
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Court rules on 'nude in front yard' case

January 1, 2008
Michael Hoskins
Though the front yard of your home may not be considered a "public place," state law prohibits you from standing there naked because that nudity would be visible from a public street or sidewalk, the Indiana Court of Appeals ruled today.In Chad A. Weideman v. State of Indiana, No. 87A01-0801-CR-51, a unanimous three-judge panel determined that Indiana's public nudity statute, Indiana Code Section 35-45-4-1.5(c), is not unconstitutionally vague, but the state failed to present sufficient evidence to prove that a Warrick County...
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SCOTUS quiet on money-laundering case

January 1, 2008
Michael Hoskins
The nation's highest court hasn't yet ruled on an East Chicago case involving money laundering, but that could be because justices are waiting to hear a similar case before making a decision.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the Supreme Court of the United States Oct. 3, but so far the court hasn't issued a decision on U.S. v. Efrain Santos, No. 06-1005.Ten of the 14 cases argued that month have been ruled on, as well as other...
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UPDATE: SCOTUS limits pro se rights

January 1, 2008
Michael Hoskins
The U.S. Supreme Court has decided that a state may require a criminal defendant who suffers from a mental illness to have a lawyer rather than allowing that person to act as his or her own defense counsel, even when the individual is competent to be tried.Vacating an Indiana Supreme Court ruling from more than a year ago, the nation's highest court today issued its 7-2 ruling in Indiana v. Ahmad Edwards, No. 07-208. Justices remanded the case to Marion Superior Court...
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Mental health, criminal justice training set

January 1, 2008
IL Staff
The National Alliance on Mental Illness Indiana is hosting later this month its Mental Health and Criminal Justice Training program, which is geared toward attorneys, judges, correctional officers, mental-health providers, and others to educate them about mental illness.Session topics include "Categories of Mental Illness," "The View from Inside," and "Interacting and Communicating with Persons with a Mental Illness." Speakers include Dr. George Parker, medical director of the Indiana Division of Mental Health and Addictions, and Timothy Lines, Ph.D., chief psychologist and...
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Deputy Allen County prosecutor dies

January 1, 2008
IL Staff
A deputy Allen County prosecutor died suddenly March 16 after a short illness. John William Archer was 58. Archer, a lifelong Hoosier, was born in Hartford City and earned his bachelor's degree at Wabash College. He earned his J.D. at Valparaiso University School of Law. He spent 20 years in the Allen County Prosecutor's Office and served as section head of the misdemeanor court. Prior to that, he owned Ruby Red Hot Records, a reflection of his love of music. He is survived...
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Tax fraud lands attorney in prison

January 1, 2008
IL Staff
An Indianapolis personal injury lawyer will spend time in prison for committing tax fraud by underreporting his income.U.S. District Judge Larry J. McKinney of the Southern District's Indianapolis Division sentenced Robert E. Lehman to eight months in prison and six months of home detention after he pleaded guilty to making a false federal income tax return.Lehman filed false personal income tax returns with the IRS in 2002, 2003, and 2004, by understating his business income. When he paid his clients from...
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Update: Confirmation doesn't stop court business

January 1, 2008
Michael Hoskins
Business is going on as usual this morning for the U.S. District Court Southern District of Indiana, despite a historic moment that's happened in the court.The U.S. Senate voted unanimously about 5 p.m. Thursday to confirm Magistrate Judge William T. Lawrence as a federal judge, meaning he'll be the Southern District's first-ever magistrate to be elevated to the constitutionally established Article III judge status.Senators took a break from discussion on wiretapping to talk about judicial nominations, and held a roll-call vote...
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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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