Courts

COA affirms conservancy district

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals had the opportunity to determine whether construction of a bridge and road is permitted under Indiana Code when establishing a conservancy district, but didn't rule on the issue because taxpayers wouldn't be responsible for paying for construction.In In re: Petition for the establishment of the Millpond Conservancy District, No. 76A03-0711-CV-536, remonstrators argued the trial court erred in establishing a conservancy district initiated by the Town of Hamilton. They claim because the construction of a road and bridge...
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Missing records case affirmed

January 1, 2008
Michael Hoskins
Don't go looking for any reference in a Thursday memorandum opinion relating to missing court files in an Allen County murder case. You won't find one.The Indiana Court of Appeals affirmed the murder conviction of Daniel Favela, whose case made the news last year after his mother had been jailed for about two weeks on contempt of court charges for taking, hiding, and refusing to turn over the 13-volume file in her son's appeal. Adela Favela finally returned them to Allen...
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Builders want impact fee case dismissed

January 1, 2008
Michael Hoskins
The Builders Association of Greater Indianapolis wants a lawsuit dismissed that involves the lawfulness of park impact fees in Zionsville. Attorneys for BAGI filed a motion for summary judgment on March 5 in Builders Association of Greater Indianapolis v. Zionsville, which was filed in October 2006 and challenges the town's impact fee ordinance adopted in 2005.Park impact fees go to recreational land and facilities necessitated by new residents, and are usually paid for by homebuilders when obtaining a building permit to...
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COA: Bank not required to restrict withdrawals

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals today reversed a small claims court ruling that held a bank in contempt for failing to restrict the withdrawal of funds from a garnishee's account, noting the bank followed procedure according to Indiana Code. In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, No. 02A03-0801-CV-2, the appellate court had to interpret I.C. Section 28-9-4-2 to determine whether a depository financial institution that has received notice of garnishment proceedings...
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Prosecutor files to suspend judge's license

January 1, 2008
Jennifer Nelson
The Marion County Prosecutor's Office will ask that Allen Circuit Judge Thomas Felts' driver's license be suspended following the results of a blood test. The prosecutor's office received the results this morning, which showed Judge Felts' blood alcohol level was 0.19 when he was tested July 18. Matthew Symons, spokesperson for the Marion County Prosecutor's Office, said the office would file a motion to suspend Judge Felts' license today. It is up to the trial court judge whether or not the...
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Panel to discuss race, death penalty

January 1, 2008
IL Staff
The Black Law Students Association and the American Constitution Society of Indiana University School of Law - Bloomington are sponsoring the program, "Intersection of Race and Jury Composition with the Death Penalty" April 1.Panelists for the program are: Marla Sandys, associate professor of criminal justice at IU - Bloomington; Paula Sites, Indiana Public Defender Council; and Jessie Cook, an attorney in private practice who has dealt with death penalty cases. In addition to discussing the issue of race and the death...
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Indiana State Bar Association files new trust mill suit: Indianapolis company accused of unauthorized practice of law

January 1, 2008
Michael Hoskins
A decade ago, Vesser and Helen Davis met with an estate planning company representative about how to divvy up their assets and their Hamilton County farm. That representative drew on a flipchart, illustrated ways a partnership and corporation could be set up, outlined differences between wills and trusts, explained the probate process, and advised the pair how they could arrange their finances and establish a corporate structure for the family farm business. In the end, they paid thousands of dollars for...
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Indiana lawyer helped reporter win in Africa

January 1, 2008
Rebecca Berfanger
A case where an African country's government was accused of kidnapping and torturing a journalist was decided on June 5 in favor of the reporter and his family.Indianapolis attorney Dan Byron assisted the Ghana-based Media Foundation for West Africa, which filed the suit on behalf of Chief Ebrima Manneh.Byron spent October and November in Africa and has remained in touch with the foundation's attorneys since then.In what Byron called a "good day for human rights and press rights in West Africa"...
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Juvenile court to be featured in documentary

January 1, 2008
IL Staff
A Lake County juvenile court will once again allow cameras in to capture the inner workings of the court for a nationally broadcast documentary.Indianapolis documentary filmmaker Karen Grau will have access to Judge Mary Beth Bonaventura's courtroom in Crown Point to film and produce six, one-hour documentary programs. The goal of the series is to shed light on the issues facing the courts and children served by the court. Because of the nature of the documentary, the Indiana Supreme Court authorized...
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COA affirms dismissal of complaint

January 1, 2008
Jennifer Nelson
An Anderson man who filed a complaint against the officers that arrested him and two police departments filed his civil action outside of the statute of limitation, the Indiana Court of Appeals ruled April 28.The appellate court agreed with the trial court in Jon S. Johnson v. Stephon Blackwell, et al., No. 49A02-0709-CV-759, that Johnson filed his four-count complaint against two detectives, the Madison County Sheriff's Department, and the Anderson Police Department after the two-year statute of limitations expired. After receiving a...
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COA affirms $17.9 million judgment against firm

January 1, 2008
Michael Hoskins
Two years ago, a jury hit an Indianapolis law firm with a $17.9 million verdict after it found the firm liable for a failed health plan that left 8,200 Hoosier with unpaid medical bills.The Indiana Court of Appeals affirmed an appeal from that general jury verdict and judgment in favor of the state's insurance commissioner, Jim Atterholt. The 37-page opinion, which includes a two-page dissent from Judge Carr Darden, comes in Frederick W. Dennerline III, and Fillenwarth Dennerline Groth & Towe...
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Appeal likely in license-plate fee suit

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals will likely be asked to consider whether the Hoosier license plates proclaiming "In God We Trust" violate the state constitution regarding the fees not attached for motorists.Following a ruling released Thursday by Marion Superior Judge Gary Miller, the American Civil Liberties Union of Indiana plans to appeal on behalf of a Fort Wayne man who sued over the plate a year ago. At issue in Mark E. Studler v. Indiana BMV, No. 49D05-0704-PL-016603, was the $15...
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SCOTUS hears voter ID case

January 1, 2008
Michael Hoskins
Arguments played out in the Supreme Court of the United States this morning on the legality of Indiana's voter identification law.The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state's three-year-old voter photo ID law that's been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.Stakes are...
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COA sides with Lauth in casino suit

January 1, 2008
Michael Hoskins
Indianapolis commercial developer Lauth didn't breach a joint venture contract or any of its duties with other parties by partnering with the Bloomington-based Cook Group on an Orange County riverboat casino project, the Indiana Court of Appeals ruled today.In a unanimous holding in Lauth Indiana Resort & Casino LLC v. Lost River Development LLC, et al., 29A02-0710-CV-839, the court ruled on an issue of first impression about when a joint venture terminates in situations where the agreements contain no specific termination date,...
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Judge denies motion to reconsider

January 1, 2008
Michael Hoskins
A federal judge took some time this week to defend a previous decision that dropped Indiana as a defendant in a suit filed by a Fort Wayne man who accuses police, prosecutors, and the Allen Circuit Court of discriminating against him.Pro se plaintiff Derrick O. Martin asked U.S. District Judge Philip Simon, Northern District of Indiana, Fort Wayne Division, to reconsider the court's ruling from earlier this year. The judge issued a three-page opinion Wednesday denying the request that claimed the...
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Court to consider juvenile detention funding

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals is considering a case this week that has statewide implications on who must pay to operate juvenile detention facilities - the state or individual counties.Arguments are set April 17 in Marion County and St. Joseph County v. State of Indiana, 73A01-0705-CV-238, a suit the counties brought after Indiana tried to recover about $75 million it spent in operating juvenile detention facilities in those two areas. The court will decide whether the trial court erred in entering a decision...
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Courts may modify custody upon relocation

January 1, 2008
Jennifer Nelson
Trial courts are not required to order a change in custody upon a parental relocation under a 2006 Indiana statute, the Indiana Supreme Court decided today. The high court ruled trial courts are allowed to modify custody arrangements at their own discretion. In Valerie Raich Baxendale v. Samuel Raich, III, No. 64S05-0709-CV-372, the Indiana Supreme Court reversed the Indiana Court of Appeals decision, finding the trial court's balancing of relevant considerations in granting physical custody of A.R. to Raich was not erroneous....
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Justices to hear 2 arguments

January 1, 2008
Michael Hoskins
The Indiana Supreme Court will hear two arguments Thursday morning.At 9 a.m., justices will hear a direct appeal in David Camm v. State, No. 87S00-0612-CR-499, which comes from Warrick Superior Court and involves a former state trooper convicted two years ago of murdering his family.Camm is serving a life sentence without possibility of parole following his second conviction in the September 2000 murders of his wife and their two children, 7-year-old Bradley and 5-year-old Jill, in southern Indiana. The Indiana Court...
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SCOTUS denies Vanderburgh County case

January 1, 2008
Michael Hoskins
The nation's highest court won't take a Vanderburgh County case decided last year by the Indiana Supreme Court, which by a split vote reinstated the death sentence for a man convicted of murdering his wife and two young children.At its weekly private conference March 28, the U.S. Supreme Court denied certiorari in Paul M. McManus v. State of Indiana, No. 07-8435. After ruling in State of Indiana v. Paul M. McManus, No. 82S00-0503-PD-78, June 27, 2007, the Indiana Supreme Court denied a...
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School, student settle pledge suit

January 1, 2008
Michael Hoskins
Within a week of filing a federal lawsuit, a settlement has been reached on a case involving a high school student who was punished for not standing during the Pledge of Allegiance.The Franklin Community School Corp. superintendent said the American Civil Liberties Union of Indiana has agreed to drop the lawsuit. The school district will pay the student's $1,000 in attorney fees, clear his school record, and not require participation by standing or any other way during the Pledge of Allegiance...
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Court rules on 2 water-related cases

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals decided two environmental cases today involving issues pertaining to lake levels and the rights lakefront property owners enjoy.In Center Townhouse Corp., et al. v. City of Mishawaka, No. 71A04-0612-CV-707, the court tackled an issue it hasn't specifically dealt with before and decided not to expand Indiana's riparian rights, or those privileges extended to waterfront property owners, to include the right of unobstructed view of the water.A group of eight townhome owners brought an inverse condemnation action against...
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SCOTUS set to start term

January 1, 2008
Michael Hoskins
Next week will be a big one for Indiana in the Supreme Court of the United States.The nation's highest court will hear six arguments next week, including a much-anticipated and publicized case involving Indiana's voter identification law, and another state's case that has Hoosier interest on the constitutionality of lethal injections.On Tuesday, the justices will take on a pair of Indiana cases. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No....
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Appeal moot, but attorney fees allowed

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals dismissed an appeal as moot but awarded the defendant appellate attorney fees and costs because the plaintiff engaged in procedural and substantive bad faith during the appeals process. In Samuel Lesjak v. New England Financial, No. 29A02-0706-CV-499, Lesjak appealed the trial court's order that he arbitrate a claim filed against him by New England Financial in a forum other than the National Association of Securities Dealers. Lesjak worked for New England Securities as a broker/dealer. He registered...
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Chief public defender delays departure

January 1, 2008
Michael Hoskins
Expect to see David E. Cook's face at the Marion County Public Defender Agency a little longer than anticipated.The chief public defender is delaying for a month his departure - originally planned for Feb. 15 - to help make sure the agency has adequate leadership while its board of directors searches for a successor. Cook is stepping down after 12 years as the county's top public defender to work for immigration firm Gresk & Singleton in Indianapolis.Because the agency needed leadership...
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COA: Offender residency law not OK

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals today upheld a lower court's ruling that the state's law prohibiting violent and child sex offenders from living within 1,000 feet of a school or public area where children congregate is unconstitutional.The ruling came in State of Indiana v. Anthony W. Pollard, No. 05A02-0707-CR-640. Judges heard arguments in the case March 31. The state argued that Indiana Code Section 35-42-4-11 was not considered ex post facto law as applied to Pollard, but the appeals court disagreed and...
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  1. 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!!!

  2. 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?

  3. 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?

  4. 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.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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