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The NLKJ Blog

The Elkhart Four

On Friday, September 18, 2015, the Indiana Supreme Court issued a much awaited opinion in the case that became known as the Elkhart Four, Layman, et al. v. State of Indiana, 20S04-1509-CR-548.  You can read the opinion here.  The case received nationwide media... read more

Admissibility of Facebook Messages in Court

Over the last decade a hot legal topic has been the admissibility of Facebook, Twitter, and other online messages in court and trial proceedings.  The legal issue is whether the party attempting to admit the online statement can authenticate the statement.  How can... read more

Grandparent Visitation

L.A.D. (Mother) and R.W. (Father) were married and had a child, L-A.D.W. (L-A).  M.D. and W.D. (Grandparents) helped provide care for L-A from the time she was born and even lived in Mother and Father’s home after L-A was born in order to help Mother care for her. ... read more

USA vs. Tommy Webster

Tommy Lee Webster, Jr. was charged in the South Bend Division in the Northern District of Indiana in an indictment that alleged: possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1); possession of a firearm in furtherance of a drug... read more

Remand Even With Below Guidelines Sentence

Carl Morris pled guilty to one count of distribution of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Although the district court sentenced him below the guidelines range, it did so without addressing his principal arguments in mitigation. Because the court... read more

Prosecutor, then Judge, then Remand

The Seventh Circuit ruled today that the public’s confidence in the federal judiciary might be undermined if the Judge, who once served as the defendant’s prosecutor, sentenced the same defendant in a case before her. Judge Posner, writing for the Court in... read more

Special Conditions of Supervised Release

In USA v. Jeremy S. Cary, the 7th Circuit held that the special conditions of supervised release “must: (1) be reasonably related to the factors identified in § 3553(a), include the nature and circumstances of the offense and the history and characteristics of the... read more

Withdrawing from a Federal Plea Agreement

Typically, once you enter a plea agreement (especially in federal court) the defendant is stuck. Federal Judges do a great job making sure the defendant’s plea is knowingly, voluntary and with full understanding of the consequences. USA v. Siamak Fard is a case... read more