Courts

Solvent defendant must pay for interpreter

January 1, 2008
Jennifer Nelson
A solvent, non-English speaking defendant in a criminal case must pay for a defense interpreter, but the court will continue to provide for proceedings interpreters at the public's expense, ruled the Indiana Supreme Court, upholding a previous decision by the Indiana Court of Appeals. The high court granted transfer to Jesus Arrieta v. State of Indiana, No. 10S05-0704-CR-139, to determine whether Arrieta was entitled to a court-funded defense interpreter. Arrieta, who did not speak English, was charged with dealing cocaine, a Class...
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Court: Michigan lawyer to stay away for 2 years

January 1, 2008
Michael Hoskins
An embattled Michigan attorney is barred for two years from taking any new cases in Hoosier courts, the Indiana Supreme Court ruled today. Justices issued a per curiam opinion today in disciplinary action In the Matter of Geoffrey N. Fieger, No. 98S00-0609-DI-340, finding the attorney committed misconduct by making material misrepresentations in a sworn application for temporary admission to St. Joseph Circuit Court in late 2005. Chief Justice Randall T. Shepard and Justices Theodore Boehm and Robert Rucker agreed on the two-year...
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New federal chief judge for Southern District

January 1, 2008
Michael Hoskins
A new chief judge has taken the leadership reins for the U.S. District Court for the Southern District of Indiana.On Jan. 1, U.S. District Judge David F. Hamilton replaced Judge Larry J. McKinney as chief judge, meaning he'll be expected to handle the court's administrative matters and be a chief spokesperson for the court until 2015.During Judge McKinney's seven-year term as chief of the nation's third-busiest District Court, he'd led a court handling 23,000 civil and criminal cases, helped launch an...
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SCOTUS: Lethal injection allowed

January 1, 2008
Michael Hoskins
While lethal injection itself isn't unconstitutional, a ruling today from the U.S. Supreme Court has left open the door for more legal challenges to how states administer the deadly drugs. But on a broader level, the one justice who supported the 1976 decision to reinstate Capital punishment is now in favor of reigniting the debate on the death penalty and striking it down.In a widely splintered 7-2 decision in Baze, et al. v. Rees, et al., No. 07-5439, justices wrote a series...
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Court: Broker must pay back commission

January 1, 2008
Jennifer Nelson
A broker who breaches his fiduciary duty to disclose material information to a client loses the right to collect a commission for his services, the Indiana Supreme Court ruled today. The high court unanimously reversed a trial court decision finding that although a broker breached his fiduciary duty to his client, his commission shouldn't be revoked and be repaid to his client.In Tonda Beth Nichols v. Rex David Minnick and R. David Minnick Inc. d/b/a Commercial Properties, No. 53S01-0711-CV-515, Nichols sued Minnick...
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Court: No sudden heat, no voluntary manslaughter

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court reversed a defendant's conviction of voluntary manslaughter after ruling the trial court erred by instructing the jury about voluntary manslaughter in the absence of evidence of sudden heat. In Andrew Lee Watts v. State of Indiana, No. 45S03-0611-CR-452, Watts appealed his conviction of voluntary manslaughter following a jury trial. The state charged Watts with murder following a tavern shooting, but also had the jury instructed on the lesser-included offense of voluntary manslaughter. At trial, Watts requested jury instructions...
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Defendants can waive appeal right in bargains

January 1, 2008
Michael Hoskins
Criminal defendants can waive their right to appeal a trial court's sentencing decision as part of a plea agreement, the Indiana Supreme Court ruled today.In a unanimous ruling in Timothy Ray Creech v. State of Indiana, No. 35S02-0709-CR-376, justices affirmed a decision from Huntington Circuit Judge Thomas M. Hakes.The case stems from a six-year executed sentence on a child-molesting charge in 2006; Creech had entered a plea agreement that left the sentence up to the trial judge but capped the executed portion...
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Court examines master commissioner statutes

January 1, 2008
Michael Hoskins
Footnotes in at least two recent Indiana Court of Appeals decisions show how the appellate court sees state statutes governing the authority master commissioners have in carrying out trial court business.In a published opinion issued today in Denia Baniaga v. State of Indiana, No. 49A04-0801-CR-21, the three-judge panel led by Chief Judge John G. Baker attached a footnote to the first page of the case from Marion Superior Judge Steven Eichholtz and Master Commissioner Patrick Murphy. The master commissioner heard the...
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Delayed COA appeal declared moot

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals dismissed an appeal by an election board and political candidates who challenged a candidate's ability to run as an Independent because the candidate had already lost in the election when the appeal finally made it before the appellate court. The appeal, Lake County Board of Elections and Registrations, Myrna Maldonado, Richard Medina, and Juda Parks v. Anthony Copeland, No. 45A04-0710-CV-560, came before the Court of Appeals after the November 2007 election because of an error in the...
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Judge pleads guilty, receives suspension

January 1, 2008
Jennifer Nelson
Allen Circuit Judge Thomas J. Felts pleaded guilty today in Marion Superior Court to operating a vehicle while intoxicated as a misdemeanor. Marion Superior Judge William Nelson sentenced the judge to one year probation and suspended his driver's license for 90 days, starting tomorrow. The Marion County Prosecutor's Office asked the judge to immediately suspend Judge Felt's driver's license, but Judge Nelson allowed for a one-day delay so that Judge Felts could drive home to Allen County, said Marion County Prosecutor's...
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Chief justice to give annual address

January 1, 2008
Michael Hoskins
Indiana Chief Justice Randall T. Shepard will give his annual State of the Judiciary address Wednesday.Next week will mark the 21st time Chief Justice Shepard will give the address since assuming the court's top position in 1987, two years after joining the appellate court. The hour-long annual address starts at 1:30 p.m. in the chambers of the Indiana House of Representatives in Indianapolis.His address typically includes a discussion of the state courts' ongoing projects, accomplishments in the past year, and future...
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High court grants transfer in molestation case

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court has granted transfer in a case to determine whether a defendant's convictions were unfairly affected by taped interviews played at trial. In Brian Tyler v. State of Indiana, No. 69A04-0702-CR-120, the Indiana Court of Appeals upheld Tyler's convictions of vicarious sexual gratification and two counts of felony child molesting, as well as finding his sentence was appropriate. Tyler had exposed himself to five children in his care and touched one of the young girls. He also had the...
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Hospital duty to patients case granted transfer

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a case in which judges were split on the duty a hospital owed to patients to prevent possible harm by refusing to release them to a suspected abuser.The high court agreed to take Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, to decide what duty Bloomington Hospital owed to Ava McSwane's daughter, Malia Vandeneede, once it suspected Vandeneede came to the hospital with injuries...
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Chief PD: No one forced me out

January 1, 2008
Michael Hoskins
The top public defender in Marion County said he wasn't forced to leave the agency for any reason, though he does worry that politics could play into the naming of his successor.Indiana Lawyer put the question to David E. Cook after reading a posting on Ruth's Blog, a Web log devoted to news and commentary. The posting claimed that Cook was forced from his job for political reasons.While Cook is cognizant that his position is a political one and attempts have...
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COA to travel to Wabash College

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals will hear arguments Feb. 26 at Wabash College in Crawfordsville. Judges Patricia Riley, James Kirsch, and Melissa May will hear the appeal from Monroe Circuit Court of H.D., et al. v. BHC Meadows Hospital, Inc. at 3 p.m. In this appeal, the court is asked to decide whether the Indiana Medical Malpractice Act requires a juvenile and his or her parents to bring claims from a breach of patient confidentiality before a medical review panel prior...
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Conspiracy, false statements convictions stand

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed the convictions of participating in a price-fixing conspiracy and making false statements to federal law enforcement of an Indianapolis man involved in a concrete price-fixing scheme. In United States of America v. Christopher A. Beaver, No. 07-1381, Beaver appealed his convictions, arguing the government failed to prove at trial a price-fixing conspiracy existed, that he joined the conspiracy, or that he made false statements. Beaver, as operations manager of Beaver Materials Corp., was one of...
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Appeals court to visit Marion, Vigo counties

January 1, 2008
IL Staff
The Indiana Court of Appeals continues to travel around the state this month, making stops in Marion and Vigo counties Tuesday. Judges Patricia Riley, James Kirsch, and Margret Robb will hear arguments in Gary and Katherine Hoesman v. Daniel Sheffler, et al., No. 77A01-0708-CV-385, at 10:30 a.m. in the Cecilian Auditorium in the Conservatory of Music Building at the St. Mary-of-the-Woods College in Vigo County. In this case, a trust's beneficiaries discovered the trust administrator had converted funds for her personal...
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District Court didn't err in Franks hearing

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a defendant's drug conviction following a Franks hearing, affirming the U.S. District Court's decision to reconsider one of its findings and to not compel the government to identify the confidential informant in the case. The case of United States of America v. Antone C. Harris, No. 07-1315, made its way back to the 7th Circuit after the federal appellate court originally remanded the case to the United States District Court, Southern District of Indiana, Indianapolis...
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Aspiring attorneys general face off: Other campaigns get the spotlight, but this one deserves a closer look

January 1, 2008
Rebecca Berfanger
With at least two very closely watched races in Indiana - governor and president - and multiple political theories about how either race will go, there's bound to be less attention paid to some of the other candidates. But with Republican Gregory Zoeller and Democrat Linda Pence up for the attorney general post and the incumbent Steve Carter not running, this race is worth another look. At stake is the oversight of the state attorney general's office, basically a very large...
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Federal judge won't overturn jury verdict

January 1, 2008
Michael Hoskins
Ruling on his first jury trial as a federal judge, U.S. District Judge Joseph Van Bokkelen declined to overturn a jury verdict in favor of a fired East Chicago worker who'd claimed she lost her job for political reasons.In an eight-page ruling on Aug. 1 in Blanca I. Camacho v. George Pabey, et al., No. 2:05-cv-456, Judge Van Bokkelen ruled that a reasonable jury had evidence to find in favor of Camacho and award her $250,000.Camacho was a restaurant inspector when...
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Social Security doesn't go toward threshold

January 1, 2008
Jennifer Nelson
Social Security benefits can't be counted toward the threshold amount of benefits that a person has to get in order to be eligible for benefits from Indiana's Second Injury Fund, the Indiana Court of Appeals ruled today.The court tackled the issue of first impression in James Kohlmeyer v. Second Injury Fund, No. 93A02-0711-EX-1000, in which James Kohlmeyer argued Social Security benefits he received after becoming permanently totally disabled as a result of a work accident should count toward the threshold dictated under...
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Justices: Act doesn't allow interest

January 1, 2008
Jennifer Nelson
Interest may not be calculated on workers' compensation benefits, including past-due medical bills, because Indiana legislation doesn't expressly allow for it, the Indiana Supreme Court ruled today. In Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial Hospital, No. 93S02-0711-EX-561, Dr. Christopher Brown appealed the decision by the full Workers' Compensation Board that he was not entitled to interest on past-due medical bills incurred from his treatment of a patient who was receiving workers' compensation benefits from Decatur County Memorial Hospital. Indiana's...
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COA mulls 'fraud' in paternity affidavit statute

January 1, 2008
Michael Hoskins
A man's paternity cannot be revoked three years after he and the child's mother fraudulently signed an affidavit establishing that he's the legal father, the Indiana Court of Appeals ruled today.The court's unanimous ruling paves the way for a possible Indiana Supreme Court interpretation of this particular state statute, which this appellate panel believes was designed to protect a man's paternal rights in the event he was defrauded - not when he was the one doing the deception along with the...
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Lawyer suspended for conversion, lying

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court suspended a Vanderburgh County attorney today for at least three years for committing what the court describes as the most serious of ethical breaches.The court came to its decision In the matter of: Douglas W. Patterson, No. 82S00-0402-DI-90, as a result of Douglas Patterson's conversion of client funds, deceit in concealing his misconduct, and dishonesty with the Indiana Supreme Court Disciplinary Commission.Patterson was an associate at a law firm which maintained a trust account. In 1999, Patterson and...
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Judges disagree on registration by homeless

January 1, 2008
Jennifer Nelson
Indiana Court of Appeals judges disagreed today in an opinion in which the majority ruled that a man who claimed he was temporarily homeless should be charged with violating the Indiana statute that requires registered sex offenders to provide their new address to authorities within seven days of a move. One judge dissented, saying their ruling would make homelessness a crime.Judges L. Mark Bailey and Ezra Friedlander affirmed Daniel J. Milliner's conviction for failing to register as a sex offender and...
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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