Jennifer Nelson

The man who was convicted and sentenced to death for killing a Franklin College student has been granted a motion for a stay of execution. U.S. District Judge Philip Simon of the South Bend Division issued the order granting Michael Dean Overstreet’s stay of execution Monday. Overstreet, who was sentenced to death in 2000 for killing Kelly Eckart, filed the motion in U.S. District Court, Northern District of Indiana, South Bend Division May 9. In the motion, Michael Dean Overstreet v….

A defendant did not have the ability to consent to a police search of the car he was riding in because the driver’s consent to the search was invalid, ruled the Indiana Supreme Court Wednesday. The court also ruled the defendant’s recorded statements made in the back of a police cruiser were voluntary and admissible at his trial. In Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, Sergio Campos was the passenger in a car driven by Cesar Santiago-Armendariz, which was stopped…

The Indiana Court of Appeals reversed a defendant’s convictions of public intoxication and carrying a handgun without a license because there wasn’t enough evidence to prove either charge. In Cahisa Jones v. State of Indiana, No. 49A02-0708-CR-658, police responded to a call about suspicious activity at a location in Indianapolis. When the officers arrived, they saw a car parked in a private driveway behind a vacant house. Inside, Jones was lying in the front passenger seat with empty whiskey bottles and beer…

The Indiana Supreme Court vacated a judgment in favor of a plaintiff who claimed he was injured by slipping on diesel fuel at a gas station, because of a pair of jeans introduced as evidence on the first day of trial. Those jeans, which the plaintiff said he was wearing the day of the accident, were introduced by the plaintiff without communicating the discovery to the opposing party. In Speedway SuperAmerica, LLC v. Gerald and Madeline Holmes, No. 45S05-0711-CV-258, Speedway appealed the…

The Indiana Court of Appeals upheld a man’s convictions of failing to register as a sex offender, finding his argument “nonsensical” that his duty to register began before the statute was enacted.In Jesse S. McCown v. State of Indiana, No. 79A05-0710-CR-556, Jesse McCown appealed his two counts of failure to register as a sex offender, a Class D felony.McCown pleaded guilty in 1987 to child molesting and was sentenced to serve consecutive six- and two-year terms. In 1994, the General Assembly…

The Indiana Supreme Court granted transfer June 26 to a case involving a summary disposition in favor of the state on a post-conviction relief petition. In Shawn E. Norris v. State of Indiana, No. 43A03-0708-CR-396, Shawn Norris filed for post-conviction relief alleging newly discovered evidence. Norris’ stepsister told police that Norris had touched her daughter. Norris pleaded guilty to the charge of child molesting.After Norris was sentenced, he filed his petition for post-conviction relief and included an affidavit from his stepsister, saying…

Faced with the possibility of cutting even more from the Carroll County’s courts budget this year, that county’s judges stood firm against Carroll County Council requests to again slash the court’s budget. The judges sent a letter to the council stating if the Indiana Supreme Court would relieve the courts of some duties, then the court’s budget could be further reduced. The letter was sent to point out the absurdity of the requested cuts, said Carroll Superior Judge Jeffrey Smith. Cutting…

The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana’s prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties. In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state’s motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State…

The Indiana Court of Appeals reversed a trial court decision to allow a couple to inspect a company’s financial statements, finding the trial court relied only on an affidavit – and not testimony – to allow the inspection. In Bacompt Systems, Inc. v. Angelina Peck and David C. Peck, No. 29A02-0708-CV-646, the Pecks made separate written requests to view Bacompt’s financial documents. The Pecks, who lived in Pennsylvania, owned approximately 25 percent of the company’s stock. Prior to David C. Peck’s termination…

An Indiana Court of Appeals panel disagrees about whether or not a parent who uses day care when he or she isn’t working is entitled to a child-support tax credit.In Craig Cross v. Victoria Cross, No. 49A05-0802-CV-94, authoring Judge Elaine Brown and Judge Paul Mathias ruled the trial court erred in ordering father Craig Cross to pay $30 more a week to pay for Victoria Cross’ work-related day care for their adult child with autism. At issue is whether or not the…

A $42 million class action lawsuit involving Indiana state employees is scheduled to go to trial Aug. 19 in Marion Superior Court. The lawsuit was brought by state employees who worked more hours than other state employees in comparable jobs. In Paula Brattain, et al. v. Richmond State Hospital, et al., No. 49D11-0108-CP-1309, the class seeks compensation from the state for an estimated 15,000 state employees who were required to work a 40-hour week while some employees in similar positions at…