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COA: Defendant had imperfect, yet fair trial

Defendants are entitled to fair trials, not perfect ones, and the imperfections of one defendant’s trial didn’t deprive him of a fair trial, ruled the Indiana Court of Appeals. The court upheld the murder conviction of John Myers II, who was convicted two years ago of killing IU student Jill Behrman in 2000. Authoring Judge Cale Bradford wrote in the 44-page opinion, John R. Myers II v. State of Indiana, No. 55A05-0703-CR-148, the court acknowledges there were certain discrete imperfections at Myers’…

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Man can’t collaterally attack sentence again

The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.

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Transfer granted in cleanup liability case

The Indiana Supreme Court granted transfer Wednesday in a case involving environmental cleanup costs and which party would be liable to incur those costs. At issue in Dreaded Inc., v. St. Paul Guardian Insurance Co., et al., No. 49A02-0701-CV-78, is whether St. Paul is liable for environmental cleanup defense costs incurred prior to receiving notice of potential liability from Dreaded about an environmental claim. Dreaded received a claim letter in 2000 from the Indiana Department of Environmental Management demanding the company do…

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Jury: Ex-Ball State officer not liable in shooting

A federal jury decided in less than three hours that a former Ball State University police officer isn’t liable in the fatal shooting of a drunken, unarmed student four years ago.An eight-person jury returned Monday evening with a verdict in about 2 ½ hours, after hearing 10 days of arguments and testimony in the case of McKinney v. Robert Duplain in U.S. District Court in Indianapolis. Jurors determined that Duplain wasn’t liable for Michael McKinney’s death.More than 50 people – mostly…

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Marion County public defender arrested

A Marion County public defender faces felony charges after being arrested Sunday following an undercover child sex sting by the Indianapolis Metropolitan Police Department.Ryan Snyder, 29, was arrested about noon on the south side of Indianapolis, according to a police report. He is accused of using the Internet to set up a meeting with a 15-year-old girl for sex, the report said. A detective posed as the teenager and arrested him, as well as another man during the weekend sting. Police…

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Update: Confirmation doesn’t stop court business

Business is going on as usual this morning for the U.S. District Court Southern District of Indiana, despite a historic moment that’s happened in the court.The U.S. Senate voted unanimously about 5 p.m. Thursday to confirm Magistrate Judge William T. Lawrence as a federal judge, meaning he’ll be the Southern District’s first-ever magistrate to be elevated to the constitutionally established Article III judge status.Senators took a break from discussion on wiretapping to talk about judicial nominations, and held a roll-call vote…

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COA: Mortgage lien holder has priority

The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.

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Tax fraud lands attorney in prison

An Indianapolis personal injury lawyer will spend time in prison for committing tax fraud by underreporting his income.U.S. District Judge Larry J. McKinney of the Southern District’s Indianapolis Division sentenced Robert E. Lehman to eight months in prison and six months of home detention after he pleaded guilty to making a false federal income tax return.Lehman filed false personal income tax returns with the IRS in 2002, 2003, and 2004, by understating his business income. When he paid his clients from…

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Deputy Allen County prosecutor dies

A deputy Allen County prosecutor died suddenly March 16 after a short illness. John William Archer was 58. Archer, a lifelong Hoosier, was born in Hartford City and earned his bachelor’s degree at Wabash College. He earned his J.D. at Valparaiso University School of Law. He spent 20 years in the Allen County Prosecutor’s Office and served as section head of the misdemeanor court. Prior to that, he owned Ruby Red Hot Records, a reflection of his love of music. He is survived…

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UPDATE: SCOTUS limits pro se rights

The U.S. Supreme Court has decided that a state may require a criminal defendant who suffers from a mental illness to have a lawyer rather than allowing that person to act as his or her own defense counsel, even when the individual is competent to be tried.Vacating an Indiana Supreme Court ruling from more than a year ago, the nation’s highest court today issued its 7-2 ruling in Indiana v. Ahmad Edwards, No. 07-208. Justices remanded the case to Marion Superior Court…

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SCOTUS quiet on money-laundering case

The nation’s highest court hasn’t yet ruled on an East Chicago case involving money laundering, but that could be because justices are waiting to hear a similar case before making a decision.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the Supreme Court of the United States Oct. 3, but so far the court hasn’t issued a decision on U.S. v. Efrain Santos, No. 06-1005.Ten of the 14 cases argued that month have been ruled on, as well as other…

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Parties can’t pick certain provisions to enforce

The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.

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Court rules on ‘nude in front yard’ case

Though the front yard of your home may not be considered a “public place,” state law prohibits you from standing there naked because that nudity would be visible from a public street or sidewalk, the Indiana Court of Appeals ruled today.In Chad A. Weideman v. State of Indiana, No. 87A01-0801-CR-51, a unanimous three-judge panel determined that Indiana’s public nudity statute, Indiana Code Section 35-45-4-1.5(c), is not unconstitutionally vague, but the state failed to present sufficient evidence to prove that a Warrick County…

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Court: Nontestimonial statements allowed at trial

Statements to police made by a woman who accused a defendant of hitting her should have been admissible during the defendant’s trial, the Indiana Court of Appeals ruled April 25.The appellate court determined statements made by Keyona Brooks, in which she said defendant Tracey Lamont Martin struck her in the face while they were fighting in the car before he drove off with her children, should have been considered nontestimonial, and thus admissible at trial.Brooks was not available to testify at Martin’s trial…

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State can’t cross-appeal sentence under rule

The state may not cross-appeal a sentence for an abuse of discretion or inappropriateness unless the defendant appeals his or her sentence in the appellant’s brief, the Indiana Court of Appeals ruled today. The issue of the state filing a cross-appeal of a sentence is a matter of first impression. In Steven McCullough v. State of Indiana, No. 49A02-0711-CR-931, Steven McCullough filed an appeal of his convictions of two counts of criminal confinement, battery, and the finding he was a habitual offender….

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Court: Attorney mistake ‘inexcusable neglect’

The 7th Circuit Court of Appeals dismissed a woman’s appeal following the denial of Social Security benefits because the woman’s attorney failed to file the appeal in time under the Federal Rules of Civil Procedure.In Janet L. McCarty v. Michael J. Astrue, Commissioner of Social Security, No. 07-2104, Janet McCarty’s application for disability insurance benefits and Supplemental Security Income was denied by the Social Security Administration and an administrative law judge.She appealed to the U.S. District Court in the Southern District of…

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