Conour seeks pre-sentence release
Former attorney William Conour has asked a federal judge who ordered him jailed last month in his wire fraud case to free him ahead of his Oct. 17 sentencing.
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Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
COA clarifies jury issue in Richmond student death case
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
Prosecutor’s closing argument deprived defendant of fair trial
A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.
7th Circuit revives workplace religious discrimination suit
A Nigerian employee who asked his employer for time off work to attend his father’s burial rights and was fired when he returned is entitled to a day in court, the 7th Circuit Court of Appeals held Wednesday.
7th Circuit affirms residential search based on ‘nonverbal cues’
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
Indiana ‘miscarriage of justice’ splits 7th Circuit judges 5-4
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”
Family did have notice that expert pulmonologist was going to testify as pathologist
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial.
7th Circuit: Machine gun possession not violent crime
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
Spur-of-the-moment burglary spree does not support corrupt business influence conviction
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
Blogger attorney Ogden grilled in public discipline hearing
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours Tuesday in his hearing before the Indiana Disciplinary Commission.
COA: Lingering odor of burnt marijuana does not justify warrantless search
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
COA finds trial court acted within its discretion when calculating father’s actual income
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
Uncle has no statutory right to post-adoption visitation
An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.
7th Circuit: New indemnity provision does not release employer from liability
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
Undisputed will makes daughter’s appointment as special administrator improper
Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.
Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Dispute over bail bonds likely to produce a legislative solution
Growing tension between the bench and bail bond agents has been shoved into the spotlight at the Statehouse and could be the subject of bills introduced during the 2014 session of the Indiana General Assembly.
Stevenson: Plane crash litigation may improve travel safety
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
No-phone zones might be called for in Indy courts
Judges in Marion County were rightly troubled recently by multiple instances of cellphone video taken in court winding up online, which included secretly recorded video of a criminal informant’s testimony.