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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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Inmate loses appeal of visitation restrictions by DOC

September 19, 2012
Jennifer Nelson
An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.
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Malpractice complaint hinges on claim of apparent agency

September 19, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional Hospital.
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Judges find evidence properly admitted in drug case

September 19, 2012
Jennifer Nelson
North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.
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Justices deny transfer to 7 cases

September 18, 2012
IL Staff
The Indiana Supreme Court decided not to add any cases to their docket last week. The justices declined transfer to seven cases, including a lawsuit filed by a grandmother against her former attorney because he didn’t sue her grandson’s school.
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Supreme Court amends Indiana rules

September 18, 2012
IL Staff
The Indiana justices have issued several orders amending the rules of court. Among them is a change that allows the Disciplinary Commission to seek reimbursement from attorneys who have resigned or been disbarred.
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DCS launching pilot to address children with mental health issues

September 18, 2012
Jennifer Nelson
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
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Wentworth, Avery appointed to Pro Bono Commission

September 17, 2012
Jennifer Nelson
Indiana Tax Judge Martha Blood Wentworth has been appointed by the Indiana Supreme Court as chair of the Indiana Pro Bono Commission. Allen Superior Judge David Avery has been appointed vice-chair, the Supreme Court announced Monday.
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Federal court to decide whether man asked attorney to appeal

September 17, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
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Judge sanctions Weinberger for noncooperation with insurer

September 17, 2012
Jennifer Nelson
A federal judge in Hammond has entered a default against former ear, nose and throat doctor Mark Weinberger and other defendants for their noncooperation with his medical malpractice insurance company regarding hundreds of pending malpractice claims.
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Vanderburgh County judicial candidates to debate

September 17, 2012
IL Staff
The Evansville Bar Association is hosting a judicial debate for the Vanderburgh Superior judicial candidates in contested races on Wednesday.
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Judges advise defense attorneys to ask clients about citizenship

September 14, 2012
Jennifer Nelson
The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.
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Former Marion County jail inmates lose appeal

September 14, 2012
Jennifer Nelson
Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.
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Justices vacate transfer in malpractice case, settlement reached

September 14, 2012
IL Staff
The Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black and the Department of Insurance have reached a settlement.
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Rush named to Indiana Supreme Court

September 14, 2012
Dave Stafford
A judge with a statewide reputation as a leader in juvenile justice was named Friday as Indiana’s 108th Supreme Court justice and the second woman to serve on the high court.
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Attorney general’s office will now represent DCS on appeal

September 13, 2012
Jennifer Nelson
Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.
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Criminal charges from airsoft gun sale may continue in Indiana

September 13, 2012
Jennifer Nelson
Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.
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Proposed med mal complaint fee divides Court of Appeals

September 13, 2012
Jennifer Nelson
In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney. 
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Justices find attorney practicing law after resignation

September 13, 2012
Jennifer Nelson
The Indiana Supreme Court has fined Brian L. Nehrig $1,000 and extended his ban from practice after finding he committed the unauthorized practice of law. Nehrig resigned from the bar in 2007, and he was sentenced in 2010 after pleading guilty to mail fraud.
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State may take Greene County property for I-69 project

September 13, 2012
Jennifer Nelson
The state may take property in Greene County over the objections of the owners for construction of a portion of Interstate 69, the Indiana Court of Appeals held Thursday.
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Man convicted of molestation was denied fair trial

September 12, 2012
Jennifer Nelson
A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.
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Statute on car window tint not void for vagueness

September 12, 2012
Jennifer Nelson
The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
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Man’s barking dogs did not violate noise ordinance

September 12, 2012
Jennifer Nelson
An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.
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Sept. 11 victims fund chief shares poignant, practical experience

September 12, 2012
Dave Stafford
Kenneth Feinberg brought tears to many of the attorneys who heard him speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about overseeing the compensation fund for victims of the Sept. 11 attacks.
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COA rules trial court erred in suppressing blood evidence in Bisard case

September 12, 2012
Jennifer Nelson
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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