Courts

Election choices fade for Marion Superior Court

January 1, 2008
Michael Hoskins
Three unslated contenders for Marion Superior judgeships have withdrawn their names from the May primary ballot, including two sitting judges who between them have almost a half-century of judicial experience.By the noon deadline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...
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Justices to demonstrate electronic ticketing

January 1, 2008
IL Staff
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...
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International law CLE to be webcast

January 1, 2008
IL Staff
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...
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Court urges early review of offender litigation

January 1, 2008
Michael Hoskins
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...
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Child support abatement starts on petition date

January 1, 2008
Jennifer Nelson
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...
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Justices to hear 'robocalls' arguments Monday

January 1, 2008
IL Staff
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...
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Judges rule on marital property division

January 1, 2008
Michael Hoskins
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...
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Justice encourages judicial applications

January 1, 2008
IL Staff
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...
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Merged conviction violates double jeopardy

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals vacated a defendant's conviction of conspiracy to deal methamphetamine because it violated Indiana's double jeopardy law, but the court affirmed his conviction and sentence for dealing methamphetamine. In today's ruling in Robert R. Gregory Jr. v. State of Indiana, No. 15A01-0708-CR-348, Gregory raised several issues on appeal, arguing evidence supporting his convictions was obtained before police had a valid search warrant, a witness's testimony shouldn't have been allowed at trial, there was prosecutorial misconduct, and his...
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Court: private cause of action allowed

January 1, 2008
Jennifer Nelson
Tackling an issue of first impression, the Indiana Court of Appeals determined the "Equal Access Law" in Indiana Code creates a private cause of action for bail agents. In Dave Galloway in his capacity as Hendricks County Sheriff v. David Hadley, d/b/a D & D Bonding, No. 32A-04-0707-CV-400, Galloway appealed the trial court order granting Hadley a preliminary injunction against the use of a "preferred agent list" by the Hendricks County Sheriff's Department. The list contains the names of preferred bail agents,...
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Tax Court upholds agency's loan decision

January 1, 2008
Michael Hoskins
The Indiana Tax Court has upheld a state agency's decision approving loans to fund fire department operations in a Morgan County township.In Virginia Perry and Gregg Terhune, et al. v. Indiana Department of Local Government Finance, et al., No. 49T10-0712-TA-78, the court affirmed the DLGF's approval of two Madison Township loans - a reduced $409,000 emergency amount for operating expenses and $650,000 for new vehicles and equipment - that the petitioning taxpayers didn't want to pay for in 2007. Those taxpayers argued...
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Court: Evidence needed to enforce CID

January 1, 2008
Jennifer Nelson
The Indiana Attorney General must provide at least a verified petition to a court to enforce a civil investigative demand and show the demand is proper, the Indiana Supreme Court ruled today.In Nu-Sash of Indianapolis, Inc. d/b/a McKee Sunroom Designs v. Steve Carter, Indiana Attorney General, and Liberty Publishing, Inc. d/b/a Booster Club Productions, No. 49S02-0801-CV-16, Nu-Sash appealed a trial court order that the company respond within 10 days to a civil investigative demand (CID) issued by Attorney General Steve Carter regarding...
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Defendant had right to confront lab technician

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's drug conviction, finding his Sixth Amendment right to confrontation was denied when he was unable to depose or cross-examine the lab technician who prepared a report stating cocaine was found in his car.In Ricky L. Jackson v. State of Indiana, No. 27A02-0710-CR-902, Ricky Jackson appealed his conviction of dealing in cocaine, invoking the U.S. Supreme Court's ruling in Crawford v. Washington, 541 U.S. 36 (2004), which ruled that when testimonial statements are at issue,...
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COA reverses termination of father's rights

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court order terminating the parental rights of a father, finding the trial court erred when it relied on an independent investigation to end his rights without giving the father a chance to view or respond to the investigation. In In Re: The Matter of the Termination of the Parent-Child Relationship of S.F. and J.F., Michael Farley v. Allen County Child Services, No. 02A03-0707-JV-306, the appellate court was asked to decide whether Farley was denied...
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Public defender facing suspension

January 1, 2008
Michael Hoskins
A Marion County public defender is being suspended from his job after his arrest during an undercover child sex sting this weekend.The chair of the public defender office's board of directors confirmed that Ryan Snyder, 29, is being suspended today and the Marion County Public Defender's Agency is determining whether that will be paid leave or not."We don't want to be premature, and we have to let the judicial system work," said chair Jimmie McMillian, an associate with Indianapolis firm Barnes...
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Nebraska: Electric chair unconstitutional

January 1, 2008
Michael Hoskins
A landmark ruling from the Nebraska Supreme Court this morning means that the last state allowing electric chair executions can't use the method because it's considered cruel and unusual punishment.The 6-1 ruling today in State of Nebraska v. Richard Mata, Jr., S-05-1268, affirms the death sentence but stays the execution. The court decided that the legislature may vote to have a death penalty but not one that offends rights under the state constitution. Because the decision is based solely on state...
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Prosecutor's office allowed to file counterclaim

January 1, 2008
Jennifer Nelson
The Marion County Prosecutor's Office was allowed to vacate property it leased after repeated water leaks because the landlords constructively and actually evicted the office from the property, the Indiana Court of Appeals affirmed March 4. At issue in Village Commons, LLC and Rynalco, Inc. v. The Marion County Prosecutor's Office and Carl Brizzi, No. 49A05-0704-CV-195, is whether the exclusive-remedy provision in the lease between Village Commons and Rynalco (landlords), and the prosecutor's office barred the office from asserting it was evicted...
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Attorney, ICLU founder dies

January 1, 2008
Jennifer Nelson
A prominent and well-respected labor attorney who had a great impact on Indianapolis and the legal community died July 27.Alan T. Nolan, an attorney, author, and historian, was 85. Calling and a memorial service will be Aug. 10 and 11.Nolan was born in Evansville and moved to Indianapolis at the age of 10. He attended Harvard Law School and clerked for Sherman Minton at the 7th Circuit Court of Appeals in Chicago. He returned to Indianapolis in 1948 and practiced law...
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Public defender finalists named

January 1, 2008
Michael Hoskins
Two men vying for Marion County's top public defender spot will face public interviews next week before members of the county agency's governing board decide which one will ultimately be recommended for the position.The Marion County Public Defender Agency's board of directors declined to release names publicly until today. The board is searching for someone to succeed chief defender David E. Cook, who is leaving the agency for Indianapolis immigration firm Gresk & Singleton.Indianapolis defense attorneys Robert J. Hill Jr. and...
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Supporting politicians: Legal industry among biggest contributors to campaigns

January 1, 2008
Rebecca Berfanger
 Attorneys' total contributions nationally to 2008 presidential candidates*:If you've been getting calls since the primaries or even earlier, asking you to donate to political party A or candidate B, or to help to spread the word about issue C, you're not alone. It's no secret that attorneys - whether as individuals or as a combined effort of attorneys in a firm - contribute to campaigns. In federal campaigns in 2004 and so far this year, Indiana lawyers are listed as...
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UPDATE: SCOTUS upholds Indiana voter ID law

January 1, 2008
Michael Hoskins
A week before Hoosier voters head to the polls, the nation's highest court has upheld Indiana's law requiring voters to show identification before casting a ballot. The Supreme Court of the United States issued its decision, this morning in the pair of consolidated Hoosier cases William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision rejected the constitutional challenge to the strictest voter ID law in...
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Supreme Court affirms COA decision

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court has affirmed the ruling of the Court of Appeals on a case it granted transfer to Friday. Justices granted transfer late last week in Floyd Tewell v. State of Indiana, No. 48S02-0701-PC-118, in which the court was asked to rule on whether Tewell's request challenging his prison detainment should have been treated as post-conviction relief or a writ of habeas corpus. In an order posted online today and dated Jan. 11, the Supreme Court adopted the opinion of the...
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Comments sought on FMLA jury instructions

January 1, 2008
IL Staff
The 7th Circuit Pattern Jury Instructions Committee is accepting public comments regarding the proposed Family and Medical Leave Act pattern civil jury instructions for the Circuit Court. The committee welcomes comment before submission to the Circuit Council for approval and promulgation. Congress on Jan. 28 extended FMLA eligibility to include employees who need time off to handle certain qualifying "exigencies" related to certain family members' service or call-up for service in a war, national emergency, or military operation designated by the...
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Transfer granted to confrontation issue

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to five cases Aug. 14, including a case that asks whether a defendant has the right to confront the lab technician who prepared a certificate of analysis. The high court granted transfer to Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, in which the Indiana Court of Appeals in July affirmed Richard Pendergrass' convictions of child molesting. The appellate court ruled Pendergrass' Sixth Amendment right to confrontation wasn't violated with the admittance of a certificate of analysis...
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Court orders suit against Papa John's to trial

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a grant of summary judgment in favor of a national pizza chain and its employee, finding there were genuine issues of fact as to whether the employee's statement to police was protected by privilege. In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A. Inc., No. 29A02-0707-CV-625, Thomas Williams and Sanford Kelsey appealed the trial court grant of summary judgment in favor of Papa John's on their claims for defamation, false imprisonment,...
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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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