murder

Court affirms man’s conviction of murder, feticide enhancement

November 21, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
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Feds charge 8 more NW Indiana gang members

November 9, 2012
IL Staff
Federal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands on previous homicide and drug trafficking charges.
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Court affirms man’s sentence for murdering wife

October 31, 2012
Jennifer Nelson
A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.
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Judges focus on juvenile due process in Gingerich murder conspiracy appeal

October 30, 2012
Dave Stafford
Court of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
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Location announced for state trooper’s third murder trial

October 26, 2012
Marilyn Odendahl
The third murder trial of former Indiana State Trooper David Camm will be held in Boone County.
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Gingerich trial stirs juvenile advocates

October 24, 2012
Dave Stafford
Sentenced at 12 for conspiracy to commit murder, Paul Henry Gingerich's appeal claims due process violations.
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Prosecutor error insufficient to reverse murder conviction

October 19, 2012
Dave Stafford
A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.
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Court upholds imposition of court costs

October 10, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
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Appellate court upholds life sentence

September 19, 2012
Jennifer Nelson
Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
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Arguments for pretrial release found to be 'unquestionably inappropriate'

September 11, 2012
Marilyn Odendahl
The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.
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Attorneys ask justices to release Camm while awaiting retrial

September 6, 2012
Jennifer Nelson
Attorneys for David Camm, a former Indiana State Trooper twice convicted of killing his wife and two children, are asking the Indiana Supreme Court to order a special judge to release Camm from his pre-trial detention.
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Previous testimony allowed in murder trial

September 4, 2012
Jennifer Nelson
A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.
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7th Circuit vacates habeas petition, orders further proceedings

August 30, 2012
Jennifer Nelson
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
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Bunch freed after 16 years in prison

August 23, 2012
IL Staff
Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.
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The case against Bei Bei Shuai

August 15, 2012
Dave Stafford
Marion County Prosecutor Terry Curry never expected the prosecution of Chinese immigrant Bei Bei Shuai to become a cause célèbre. It also has become a battleground over prosecutorial discretion and how far a defense attorney can go in representing her client.
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Woman unable to prove attorney actions were prejudicial

August 13, 2012
Marilyn Odendahl
A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.
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Justices decline to take Decatur County arson case

August 9, 2012
IL Staff
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
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Judges uphold 11-year-old’s reckless homicide adjudication

August 2, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.
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Divided court affirms life without parole for 17-year-old who killed younger brother

August 1, 2012
Dave Stafford
A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.
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Justices reduce caregiver’s sentence in child’s killing

August 1, 2012
Dave Stafford
The Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that led to the murder of the woman’s 2-year-old cousin while in her care.
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245-year sentence affirmed in Hovey Street slayings

July 27, 2012
Dave Stafford
The gunman who pleaded guilty to four murders in the 3200 block of Hovey Street in Indianapolis was properly given and deserved a 245-year sentence for the crimes, the Indiana Court of Appeals ruled Friday.
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Judges affirm 65-year murder sentence

July 20, 2012
Jennifer Nelson
Nothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce his murder sentence, the appellate judges ruled Friday.
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Man who killed girlfriend may be retried for reckless homicide

July 12, 2012
Jennifer Nelson
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
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Judges disagree over impact of mental illness label at sentencing

July 11, 2012
Jennifer Nelson
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
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Judges deny bail for man charged with killing 2 children

June 29, 2012
Jennifer Nelson
The Evansville man accused of setting fire to a home he shared with his girlfriend and her two children – which killed the children – and then fleeing will remain in jail awaiting his August trial, the Indiana Court of Appeals held.
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  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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