A federal judge in Indianapolis has ordered a new trial for Cinergy Corp because the energy company now owned by Duke Energy committed misconduct earlier this year and tainted the liability phase of the litigation. U.S. District Judge Larry McKinney issued a 29-page decision in U.S., et al. v. Cinergy Corp, et al., 1:99-cv-1693, on Thursday, unsealing it and making the ruling public Dec. 22. "In summary, the Court concludes that Cinergy's misrepresentations about payment of one of its fact...

The Indiana Court of Appeals reversed a trial court grant of summary judgment because there is a genuine issue of fact as to why a firefighter was demoted. In Jeffrey Kochis v. City of Hammond, Indiana, et al., No. 45A03-0709-CV-445, Kochis appealed the grant of summary judgment in favor of Hammond in his complaint that he had been demoted even though no charges had been filed against him and that he didn't receive due process. Kochis had been a firefighter with the...

The Supreme Court of the United States has found that a criminal defendant who's been declared competent to stand trial does not necessarily have the right to represent himself.About 10 minutes into its public sitting that started at 10 a.m., the U.S. Supreme Court issued its 7-2 ruling in Indiana v. Edwards, No. 07-208. Justice Stephen Breyer wrote the opinion, with Justices Antonin Scalia and Clarence Thomas dissenting. Opinions are typically posted on the high court's Web site within an hour of...

Breaking News: April 4, 2008 A Marion County judge and his part-time commissioner face nearly a dozen judicial misconduct charges each for delays and dereliction of duty that resulted in an Indianapolis man staying in prison for almost two years after DNA testing cleared him of a 1984 rape.The Indiana Judicial Qualifications Commission late Wednesday afternoon filed charges against Marion Superior Judge Grant W. Hawkins and Commissioner Nancy L. Broyles, relating to their involvement in a post-conviction case for Harold D....

The Indiana Supreme Court has cut an Indianapolis child molester's prison sentence in half from 120 to 60 years, reanalyzing the penalty he received for being convicted of multiple counts of victimizing his stepdaughter.But one of the state's top jurists objected to the court accepting this sentencing case, emphasizing that reviewing and revising this penalty goes against the high court's role as one of "last resort" and could lead to trial judges being less cautious and measured in sentencing.A 4-1 ruling...

Addressing the issue for the first time, the Indiana Court of Appeals supported a juvenile court's decision to place an illegal immigrant juvenile delinquent with the Department of Corrections instead of deporting him back to his home country. In J.S. v. State of Indiana, No. 15A01-0706-JV-276, J.S., a 15-year-old illegal immigrant from Mexico, appealed his placement in the DOC. The boy, who had already once illegally entered the U.S. and was arrested in Kentucky for driving without a license and deported, was...

Simply parking on a public street and watching someone's home doesn't alone fall within the definition of "impermissible" conduct and can't be considered stalking, the Indiana Court of Appeals ruled today.In a case of first impression, the appellate panel ruled 2-1 on Donald D. Vanhorn v. State of Indiana, 84-A01-0711-CR-505, overturning the Terre Haute man's conviction for felony stalking. At issue in the case was the interplay between "harassment" and "impermissible contact" and whether enough evidence existed to support a stalking conviction.Donald...

In a case of first impression, the Indiana Court of Appeals ruled today that retroactivity doesn't apply to a year-old Indiana Supreme Court decision that held charging information must be amended within 30 days before the omnibus date.As a result of the ruling, a Hendricks County man convicted of child molesting doesn't get relief.At issue in Terry Leatherwood's appeal in Terry Leatherwood v. State of Indiana, No. 32A05-0710-PC-573, is whether the post-conviction court erred in refusing to apply the holding of Fajardo...

The newest Indiana Court of Appeals judge will formally join the court Friday. Judge Elaine Brown's robing ceremony will be in the courtroom of the Indiana Supreme Court. Judge Brown's first day on the court was May 5. Chief Judge John Baker will preside over the ceremony, and Gov. Mitch Daniels will join Judge Brown's family, colleagues, and special guests to administer the oath of office. Judge Brown was named to the Indiana Court of Appeals by Gov. Daniels earlier this...

An Indiana Supreme Court decision Feb. 27 regarding the state's racketeering laws creates a larger net of potential defendants that can be charged under it. The Indiana Supreme Court ruled that under Indiana's RICO (Racketeer Influenced and Corrupt Organizations) Act, a person can be implicated under the state act even if he or she doesn't participate in directing the racketeering activity. In Linda Keesling, Harold Lephart, et al. v. Frederick Beegle III, John Bucholtz, et al., No. 18S04-0704-CV-150, the high court accepted...

The Indiana Supreme Court granted two transfers Thursday for cases originating in Evansville - one involves a shopping center and access to a public thoroughfare, and the other deals with the failure to make payments for the modification of a Web site. In State of Indiana v. Kimco of Evansville Inc., et al., No. 82A01-0607-CV-301, the Indiana Court of Appeals affirmed a $2.3 million jury award that stemmed from a road project in 2000 impacting a shopping plaza along State Road...

  A federal judge has decided a state prison inmate can proceed with his lawsuit against a Department of Correction official and food service provider, claiming that both denied him enough food to stay healthy and went against a medically prescribed diet restricting onions.U.S. District Judge William Lee in South Bend ordered March 11 that Joshua Ketchem be allowed to proceed with his suit filed in January 2007. The case is Joshua Ketchum v. J. David Donahue, et al., No. 3:07-CV-316 WL.A prisoner...

Ever worried about what happens if you don't know, understand, or use courtroom technology correctly in preparing for trial?A new video from the U.S. District Court for the Southern District of Indiana offers a glimpse into the possibilities, from the dramatic portrayal of a federal judge dozing off during trial to a nervous attorney sweating profusely in court when jurors and courtroom staff can't hear him.After updating its Web site and revising a video on the Video Evidence Presentation System late...

Answering a 217-year-old constitutional question, the U.S. Supreme Court issued a historic ruling this morning that the Second Amendment protects an individual's right to have a gun in his or her home.The ideologically split 5-4 decision in District of Columbia, et al. v. Heller, No. 07-290, struck down a city handgun ban in Washington, D.C., and defined the scope of the gun rights amendment to the U.S. Constitution for the 21st century.Specific to this case, the court affirmed a Circuit Court ruling...

Indiana Court of Appeals judges were split in their ruling today on a man who was convicted of performance harmful to minors, with the majority affirming the conviction.In Frederick A. Zitlaw v. State of Indiana, No. 29A05-0701-CR-35, Zitlaw appealed the trial court's denial of his motion to dismiss the performance harmful to minors charge, a Class D felony. A Hamilton County sheriff's deputy saw Zitlaw expose himself in a public park. The probable cause affidavit alleged children were present in the park....

The Indiana Supreme Court is sponsoring a lecture celebrating the 221st anniversary of the Northwest Ordinance of 1787 and the legal issues related to Indiana's southern borders established by the ordinance. The lecture will begin at 3 p.m. on July 14.Seating in the Supreme Court's courtroom for "221 Years of Unsettled Borders: Indiana and the Northwest Ordinance" is no longer available for the free lecture, but a monitor and overflow seating will be available in the atrium area, as well as...

Former college and NBA basketball star and current president of basketball operations of the Indiana Pacers Larry Bird has filed a trademark infringement suit in federal court against the owners of his childhood home. Bird filed the suit, Larry Bird v. Legend of French Lick LLC, No. 4:08-CV-0070-DFH-WGH, in the U.S. District Court, Southern District of Indiana, New Albany Division Monday against Georgianna Lincoln and Christopher Cooke, who purchased Bird's childhood home in French Lick from the Larry Joe Bird Revocable...

Three unslated contenders for Marion Superior judgeships have withdrawn their names from the May primary ballot, including two sitting judges who between them have almost a half-century of judicial experience.By the noon deadline on Feb. 25, incumbent Marion Superior Judges Kenneth H. Johnson and Gary L. Miller withdrew their names after filing their candidacies late last week. Both were overlooked at the county Republican Party's slating convention Feb. 16.Indianapolis attorney Angela Dow Davis, who'd filed to run against the Democrats' slate also chosen...

Two Indiana Supreme Court justices will be on hand in Indianapolis tomorrow for a demonstration of a new, statewide electronic ticketing system.Chief Justice Randall T. Shepard and Justice Frank Sullivan will join Indianapolis Public Safety Director Scott Newman and law enforcement to show how the new system will work. Called eCWS - electronic Citation and Warning System - the new mobile system allows police to create tickets electronically and send them to a central location for law enforcement, prosecutors, and courts...

A free CLE program featuring discussion about the international prosecution of war crimes, genocide, and crimes against humanity will take place in the Indiana Supreme Court's Courtroom from 3 to 4:30 p.m. May 7. Event organizers have received enough RSVPs to fill the room, but stand-by reservations are still being accepted as of today for what planners say is a short waiting list so far.This program has been approved for 1.5 CLE credit hours. For those unable to make it, there...

An Indiana state prison inmate has filed dozens of lawsuits with claims that a painful odor violated his constitutional rights, he's been repeatedly denied access to public records, victimized by excessive force, and not given proper treatment behind bars.The Indiana Appellate Clerk's Office has 35 of Eric D. Smith's appeals, most being civil suits that include one decided today, and six that remain pending awaiting action.Today, the Indiana Court of Appeals dismissed one of the 29-year-old's string of suits and the...

The Indiana Court of Appeals reversed a trial court order setting the date in which an incarcerated man can receive an abatement in his child support, finding the date the man filed his order was when it could be first applied. The ruling could open the door for the Indiana Supreme Court to decide when an abatement can take effect.In In re the marriage of: Gary Becker v. Heather Becker, No. 49A04-0804-CV-205, Gary Becker appealed the trial court order modifying his...

The Indiana Supreme Court travels to Terre Haute Monday for arguments in a case dealing with "robocalls." The issue in State of Indiana v. American Family Voices, Inc., Jim Gonzalez, and John Does 2-10, is whether pre-recorded, automated "robocalls" with political content can be limited under Indiana's Automatic Dialing Machine Statute, Indiana Code Section 24-5-14-5.The case stems from complaints about American Family Voices' use of automated calls; the attorney general's office filed an action against the group in September 2006 in...

Trial courts that order parties to sell marital residences can take into account any needed repairs and costs associated with selling residences when figuring the value, as long as those amounts are based on evidence in the record, the Indiana Court of Appeals decided today.A unanimous three-judge appellate panel ruled today in David Keown v. Cynthia Marie Keown, No. 49A02-0706-CV-496, a Marion County case in which the ex-husband challenged a trial court's decision in recalculating the value of the marital residence as...

An Indiana Supreme Court justice is in South Bend today to actively encourage attorneys to apply for an opening on the St. Joseph Superior Court that will be available when Judge William T. Means retires Sept. 30."Being a judge is a challenging but enormously gratifying way for an attorney to use all of his or her legal skills in a way that improves both the quality of life in our community and the quality of justice in our state," Justice Frank...