Criminal case
Victim's statements to nurse allowed, but judges reverse convictions
August 22, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her
attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated.
However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct
evidence involving the defendant and the victim.
MoreJudges uphold theft charge against man
August 19, 2011
Jennifer NelsonOn interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge
in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by
jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.
MoreCourt could find juvenile must register as sex offender
August 15, 2011
Jennifer NelsonA Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years,
the Indiana Court of Appeals held Monday.
MoreJudge reduces death sentences to life without parole
August 15, 2011
Michael HoskinsIf he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty,
a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted
of triple murder.
MoreMan's convictions upheld despite court's use of inadmissible evidence
August 12, 2011
Michael HoskinsThe Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court
taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s
multiple rape and sexual conduct convictions.
MoreCOA divided on whether 'bully' comments require new trial
August 3, 2011
Jennifer NelsonThe Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding
the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial
impossible.
MoreLawmakers may consider sentencing options for children waived to adult court
August 3, 2011
Michael HoskinsWithin a six-month period, one Indiana county prosecutor faced two situations where he had to make one of the toughest types
of decisions – whether a child should be tried in juvenile or adult court based on the brutality of a crime and age
of the offender.
More7th Circuit judge grants prisoner’s request for certificate of appealability
August 1, 2011
Jennifer NelsonAn Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the
man’s application set forth a substantial showing of the denial of a constitutional right.
More'Notario' pleads guilty to tax evasion, illegal law practice
July 28, 2011
Michael HoskinsA Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license
and evaded paying her income taxes through that business.
MoreCircuit Court affirms admission of drugs, sentence
July 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t
a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
MoreJustices reduce sentence of man found asleep in office
July 21, 2011
Jennifer NelsonFour of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office –
who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
MoreCOA rules man is not guilty by reason of insanity
July 20, 2011
Jennifer NelsonExamining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity
defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should
have been found not guilty by reason of insanity.
MoreAppeals court splits on new sentence modification issue
July 18, 2011
Jennifer NelsonAn inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding
that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced,
not re-resentenced after a successful appeal.
MoreJudge: Man did not commit attempted child exploitation
July 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures
up teenagers’ skirts at a mall using a camera attached to his shoe.
MoreAttorneys to get big cut of $300K OmniSource settlement
July 15, 2011
Cory SchoutenAn OmniSource executive says the company wouldn't have made the settlement with the Marion County prosecutor if it knew
more than a third of the cash wouldn't be going to Indianapolis police for training programs.
MoreCourt decides 2nd marijuana-odor case in 2 days
July 15, 2011
Michael HoskinsContinuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw
marijuana can be enough for police to search someone during a valid traffic stop.
MoreSearch didn't violate driver's rights
July 14, 2011
Jennifer NelsonThe smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest,
the Indiana Court of Appeals held in a case of first impression.
MoreCircuit Court upholds $500,000 restitution order
July 14, 2011
Jennifer NelsonA man who waived his right in plea negotiations to challenge his sentence or an order of restitution may not appeal the imposition
of $533,000 in restitution to a victim depicted in child pornography, the 7th Circuit Court of Appeals held July 14.
MoreCOA: Evidence supports dealing conviction
July 14, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough
created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
MoreCOA sides with pro se defendant in murder case
July 8, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because
the defendant had at the same time claimed his innocence.
More$405,450 award aimed at improving state-funded criminal justice
July 7, 2011
Michael HoskinsAn Indiana University-Purdue University Indianapolis research center is receiving a $405,450 award from the Indiana Criminal
Justice Institute to study and help improve the effectiveness of state-funded criminal justice initiatives.
MoreCourt examines 'entry' of guilty plea withdrawal motions
July 7, 2011
Michael HoskinsThe Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state
law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t
file a request in writing or justify the withdrawal.
MoreCourt orders new arson trial
June 30, 2011
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the
state amend the charging information after it had read the original charges to the jury.
MoreHigh court divided on revising molester's sentence
June 30, 2011
Jennifer NelsonTwo justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years,
believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
MoreHigh court divided on public intoxication charge
June 29, 2011
Jennifer NelsonIn deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined
to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.
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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.