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COA reverses conviction in trash-search case

The Indiana Court of Appeals reversed a conviction of possession of marijuana with intent to deal, citing an Indiana Supreme Court case that prohibits introducing evidence at trial that was obtained following a police search of trash. The court also ruled the good faith exception does not apply. In Ralph Belvedere v. State of Indiana, 48A05-0611-CR-669, Belvedere appealed his conviction of possession of marijuana with intent to deal and maintaining a common nuisance, arguing the Indiana Supreme Court decision in Litchfield…

Court answers question on subcontractors’ ability to recover

The Indiana Supreme Court today delved into the meaning of “subcontractor” and determined that performance bond coverage for third parties only goes so far.Stemming from a certified question from the U.S. District Court for the Northern District of Indiana, justices considered: “Does a performance bond required by and issued in accordance with Ind. Code §8-23-9-9 afford coverage to a third-tier claimant?”Chief Justice Randall T. Shepard wrote the opinion saying the statute does not afford that coverage, noting that a subcontractor is…

Judges have flexibility on probation violations

If someone violates their probation, trial courts have the authority to modify a part of those probation terms and can add new conditions as they see necessary.The Indiana Supreme Court ruled today in Russell Prewitt v. State of Indiana, No. 10S04-0707-CR-294, arising out of Prewitt’s previous attempted cocaine possession conviction and subsequent probation starting in mid-2005. The state moved to revoke his probation twice within four months for alleged violations, and the trial court determined Prewitt had violated the probation. Clark Superior…

Prosecutors talk about Nifong disbarment

Indiana prosecutors worry about heightened suspicion of charging decisions they make as a result of the high-profile disbarment of a North Carolina prosecutor over the weekend.Talk started months ago as the situation escalated, but banter took a new surge this morning following Michael Nifong’s nationally televised disciplinary proceeding Saturday. He was disbarred for violating professional conduct rules in his prosecution of three Duke University lacrosse players falsely accused of rape.”Around the country and here, prosecutors are talking about the Nifong effect,”…

Committee ready to explore new home for ISBA, ICLEF, IBF

A committee of 10 people is now tasked with finding a new, common home for three pillar organizations of the Indiana legal community.The mission is to find a single facility that the Indiana State Bar Association, Indiana Continuing Legal Education Foundation, and the Indiana Bar Foundation can share.Prior to 2003, all three shared a roof. But the ISBA moved to the fifth floor of One Indiana Square to be on its own, leaving ICLEF and the IBF at 230 E. Ohio…

Justices rule on death penalty case involving stun belt use at trial

The Indiana Supreme Court today affirmed the convictions and post-conviction relief denial for a death row inmate convicted of murdering three people in Evansville in 1996.The 43-page ruling in Stephenson v. State, No 87S00-0106-PD-285 (http://www.in.gov/judiciary/opinions/pdf/04260701trb.pdf), affirms the post-conviction court ;s denial of relief for John Matthew Stephenson, who is sentenced to die for the 1997 convictions of burglary, theft, and the murders of John “Jay” Tyler, his wife, Kathy Tyler, and Brandy Southard relating to a drug-ring operation. He was sentenced…

School-fee case comes to a close – again

Parents who successfully challenged the constitutionality of Evansville school fees have won another victory in Indiana appellate courts, this time relating to attorney fees.The Indiana Court of Appeals issued a 21-page decision today in Frank Nagy, et al. v. Evansville-Vanderburgh School Corporation, No 82A05-0609-CV-488, which involves a new issue stemming from an Indiana Supreme Court ruling last year. The case arose after the local district began charging every student a $20 student-services fee in fall 2002 as a way to make…

Appeals court affirms battery conviction of man who murdered his wife

A man appealed his Class A misdemeanor battery conviction claiming that his wife, who reported to police that her husband hit her and was murdered before the scheduled trial date, was no longer around for him to confront as his accuser and was the only witness to the battery.In Albert Boyd v. State of Indiana, No. 03A01-0701-CR-1, the three-judge panel affirmed the trial court’s conviction. The battery charges stemmed from a physical altercation that the defendant-appellant’s wife, Ruth Boyd, reported against her…

7th Circuit affirms tossing ‘unreliable’ testimony

The 7th Circuit Court of Appeals has upheld a Terre Haute judge’s decision in throwing out expert witness testimony relating to a product liability suit involving the prescription medication Remicade.

Inadmissible evidence leads to new trial

The Indiana Court of Appeals today reversed and remanded for a new trial a case in which a defendant was convicted of fraud on a financial institution and identity deception based on documents that should not have been admitted as evidence. In William J. Speybroeck v. State of Indiana, 20A05-0701-CR-40, Speybroeck appealed his conviction, arguing the state did not properly authenticate business documents pursuant to Indiana Evidence Rule 902(9) and that the trial court abused its discretion by admitting documents into…

Commission chooses 3 finalists

A decision now rests with Gov. Mitch Daniels of who will be the next judge on the Indiana Court of Appeals.After interviewing seven semi-finalists this morning and deliberating this afternoon, the Judicial Nominating Commission chose Dubois Superior Judge Elaine B. Brown, attorney Leslie C. Shively of Shively & Associates in Evansville, and Dearborn Superior Judge G. Michael Witte as finalists for the state’s second highest appellate court.The governor has 60 days to make a decision on who will succeed retiring Judge…

Court reporter finishes transcript, avoids contempt-of-court possibility

A Warrick County court reporter won’t be held in contempt for not finishing the trial transcript in a two-month, triple-murder trial early last year.Warrick Superior 2 employee Mary Kennedy finished typing the transcript by the end of the business day Monday – the last-minute of her three extensions from the Indiana Supreme Court.The eight-week, high-profile trial of David Camm, a former state trooper, concluded in March 2006 with a guilty verdict in the 2000 murders of his wife and their two…

Condemned man’s appeals coming to end

The 7th Circuit Court of Appeals today rejected one of the last appeals attempts by a man set to die Friday for the execution-style shooting death of a Muncie police officer in 1990.A five-page unanimous decision by the three-judge panel in the federal appeals court in Chicago rejected Michael Allen Lambert’s claims for relief in Lambert v. Edwin G. Buss, Nos. 03-1015 and 05-2610. The ruling upholds the judgment by U.S. District Judge Larry McKinney in Indianapolis.In its opinion, the panel…

7th Circuit: traffic stop constitutional

A traffic stop in which police found drugs after telling the defendant he was free to go did not violate the defendant's Fourth Amendment rights, ruled the 7th Circuit Court of Appeals today.

Judge: safety in danger if offender doesn’t move

A Tippecanoe County judge has denied the request of a convicted sex offender wanting to stay in his Lafayette home as the court considers his lawsuit to no longer be deemed a danger to children.Superior Judge Don Johnson issued a two-page order this week denying a request by John Doe, a 56-year-old man being ordered to move so that he’s not within 1,000 feet of children-saturated areas, such as a school or church.An Indiana law that took effect July 1, 2006,…

Attorney-sponsored run will benefit two charities

To benefit the Coalition for Homelessness Intervention and Prevention (CHIP) and the IU-Kenya partnership, Ron Katz of Indianapolis firm Katz & Korin will host his annual Ronnie’s Rosh Hashanah Run & Walk on Labor Day, Sept. 3, in Carmel. Each year, the run benefits two charities, and a check to the charity of the runner or walker’s choice goes directly to the charity through Katz. This year the two charities are Indiana University Foundation (IU/Kenya Partnership), which focuses on HIV/AIDS treatment…

Columbus attorney suspended for 6 months

The Indiana Supreme Court has suspended a Columbus attorney who faces felony drug charges for accepting cocaine from a client in lieu of payment for legal services.The court issued an order of interim suspension Tuesday against James Michael Kummerer, who was arrested in April on three Class A felony charges. His criminal case is currently pending in Bartholomew Circuit Court, but the state’s Supreme Court has decided to suspend him for 180 days starting Sept. 28, unless the Indiana Supreme Court…

Lawyer takes on role with National Bar

A Barnes & Thornburg attorney who is president of the Marion County Bar Association is taking on a new role with a national legal organization.Jimmie McMillian has been appointed to a one-year term as deputy chief of staff for the National Bar Association, which represents more than 22,000 minority attorneys, judges, legal scholars, and law students throughout the world.McMillian will assist incoming NBA president Vanita Banks with her duties and will also help develop and implement plans to achieve her goals….

Senate prayer draws ACLU’s criticism

Lawmakers met Tuesday for what is known as Organization Day, the first day of its 2008 session.But the mostly ceremonial day wasn’t without drama because the opening moments of one legislative body have sparked threats of a potential lawsuit reminiscent of a two-year-old federal suit that continues playing out in appeals. Indiana may soon see the second round of a legal battle involving legislative prayer.The Indiana Senate opened its proceedings with a prayer to Jesus Christ, with Senate President Pro Tempore…