Legal News
COA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
More7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission
April 9, 2013
Marilyn OdendahlAlthough a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals
to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
MoreDisfigurement sufficient to affirm aggravated battery conviction
April 9, 2013
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence
enhancement the perpetrator received.
More7th Circuit revives suit for woman with MS fired from city job
April 9, 2013
Dave StaffordAn Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple
sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
MoreHolocaust remembrance set for April 10
April 9, 2013
IL StaffStudents, community members and elected officials will gather inside the Indiana Statehouse for an annual statewide remembrance
of the tragic events of the Holocaust.
MoreMalpractice ruling for hospital remanded to trial court
April 9, 2013
Dave StaffordThe apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse
practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital
summary judgment on the issue.
More7th Circuit affirms for employer in rental equipment fatality
April 9, 2013
Dave StaffordAn employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift,
the 7th Circuit Court of Appeals ruled Monday.
MoreHouse committee approves Constitutional Convention bills
April 8, 2013
Marilyn OdendahlWith a vote along party lines, a pair of bills outlining the selection and duties of delegates to an Article V Constitutional
Convention cleared their first hurdle in the Indiana House of Representatives.
MoreMexican restaurant owner's $3 million bond reversed, remanded
April 8, 2013
Dave StaffordThe owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after
the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
MoreTaking unauthorized courses online gets displaced worker booted from TAA program
April 8, 2013
Marilyn OdendahlA displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment
Assistance training program, the Indiana Court of Appeals has ruled.
MoreAppeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence
enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana
Court of Appeals held Monday.
MoreEndorsement clause makes insurance policy ambiguous
April 8, 2013
Marilyn OdendahlDescribing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved
the summary judgment granted by the trial court.
MoreCOA affirms car forfeiture when owner arrested for iPhone theft
April 8, 2013
Dave StaffordA 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.
MoreHearings set for trio charged in southside Indy explosion
April 8, 2013
IL StaffThree 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.
MoreToxicology lab witness’s failure to appear dooms drunken-driving conviction
April 8, 2013
Dave StaffordA 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.
MorePair convicted in liquor store killing not entitled to DNA evidence
April 8, 2013
Dave StaffordTwo 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.
MoreConour alleges feds reneged on deal to delay prosecution
April 5, 2013
Dave StaffordFormer 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.
MorePublic input wanted on proposed changes to court rules
April 5, 2013
IL StaffThe Indiana Supreme Court wants to hear from judges, attorneys and the general public as it considers possible changes to
court rules.
MoreJustices affirm denial of killer’s post-conviction relief
April 5, 2013
Dave StaffordA 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.
MoreLaw students to join Bei Bei Shuai rally
April 5, 2013
Dave StaffordStudents 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.
MoreGeneral Assembly enters final weeks with full schedule
April 5, 2013
IL StaffIndiana’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.
MoreCourt reverses several theft convictions under single larceny rule
April 4, 2013
Jennifer NelsonAn 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.
MoreCOA affirms dismissal for lack of personal jurisdiction
April 4, 2013
Jennifer NelsonThe 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.
MoreTrial court improperly suspended driving privileges for life
April 4, 2013
Jennifer NelsonA 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.
MoreBroken gun still a firearm for felon-conviction purposes
April 4, 2013
Dave StaffordA 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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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!