Legal News
Justices accept 3 cases, including environmental suit
April 2, 2013
IL StaffThe Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute
and a woman’s challenge to her drug charges.
MoreSullivan to mediate Lake Superior judge dispute
April 1, 2013
Dave StaffordFormer Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court
ordered Monday.
MoreRoche owes Marsh Supermarkets $18M for breaking sublease
April 1, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche
breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
MoreJudges reaffirm reversal of truck forfeiture in pirated movies case
April 1, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t
have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor
of Michael Curtis.
MoreJudge allows Corcoran to appeal denial of habeas corpus
April 1, 2013
Jennifer NelsonJoseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his
petition for habeas corpus to the 7th Circuit Court of Appeals.
MoreMan may not have drug sentence reduced after pleading guilty
March 29, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded
guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
MoreKenley appears warm to boost in Odyssey funding
March 29, 2013
Dave StaffordSenate Appropriations Chairman Luke Kenley, R-Noblesville, on Thursday signaled he supported a boost in funding for the Odyssey
case management system and other court technology functions, after proposed funding was reduced in the House budget plan.
More7th Circuit rules against homeowners on quiet title action
March 29, 2013
Jennifer NelsonA Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title
and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
MoreJudge: State can’t enforce 2 parts of immigration law
March 29, 2013
Jennifer NelsonU.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration:
one dealing with arrests and one dealing with the use of consular identification cards for identification.
MoreBill reforming criminal code passes Senate committee
March 29, 2013
IL StaffThe first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections
and Criminal Law Thursday by a vote of 8-1.
MoreJudge rules in favor of Caterpillar in tax deduction dispute
March 29, 2013
Jennifer NelsonIndiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign
source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from
taxable income in future years.
MoreCOA budget request delays Appeals on Wheels webcasts
March 28, 2013
Dave StaffordA modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling
Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
MoreConcerns about CHINS petitions raised during budget hearings
March 28, 2013
Marilyn OdendahlAfter the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the
discussion quickly turned to Child in Need of Services petitions.
MoreDefendant in neighborhood explosion now faces conspiracy to commit murder charge
March 28, 2013
IL StaffMark Leonard, one of three arrested and charged for an explosion in an Indianapolis neighborhood that killed two people, has
been charged with Class A felony conspiracy to commit murder. The Marion County Prosecutor’s Office alleges he attempted
to arrange a murder-for-hire plan while in jail on charges stemming from the explosion.
MoreProsecutor can’t grant use immunity to parents of injured infant
March 28, 2013
Jennifer NelsonThe Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under
the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right
against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
MoreMother not denied due process by not having appointed counsel in CHINS case
March 28, 2013
Jennifer NelsonWhile disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child
in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld
the termination of mother J.A.’s parental rights to her son G.P.
MorePence appoints Hostetler to St. Joseph bench
March 28, 2013
IL StaffIndiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge
Michael P. Scopelitis when he retires June 3.
MoreSenators skeptical of funding Odyssey access for public defenders
March 28, 2013
Dave StaffordSenate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to
give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many
counties.
MoreAppeals court tackles sex offender use of social media
March 27, 2013
Jennifer NelsonTwo months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain
social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s
First Amendment rights.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MoreCourt erred in striking state’s response as untimely
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s
response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant
the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
MoreCOA reverses vacation of grandparent visitation
March 27, 2013
Jennifer NelsonEven though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred
in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to
the grandmother’s lack of standing were waived when they failed to appeal the original order.
MoreJudges reduce sentence due to ineffective trial counsel
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming
from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed
to inform Scott of the correct maximum sentence he could face.
MoreSenate passes civil immunity, sentencing alternatives for young offenders bills
March 27, 2013
IL StaffThe Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish
sentencing alternatives for certain offenders under the age of 18.
MorePence gets finalist list for St. Joe judgeship
March 27, 2013
IL StaffA letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been
delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed
to fill another pending vacancy on the court.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.