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COA Judge John T. Sharpnack retires

January 1, 2008
Michael Hoskins
After 17 years on the appellate bench, Judge John T. Sharpnack is retiring today from the Indiana Court of Appeals.Though he's stepping down as a full-time jurist, Judge Sharpnack plans to continue his work as a senior judge starting Monday; he reaches the constitutionally mandated retirement age of 75 May 7.A 3 p.m. retirement ceremony was planned to mark his departure from the court, with Chief Judge John Baker presiding. Judge Sharpnack's family, colleagues, former law clerks, and special guests were...
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Supreme Court record manager retires

January 1, 2008
IL Staff
After spending 22 years as the Indiana Supreme Court's director of information management, John Newman has decided it's time to leave state government to pursue his passion for writing. Newman's last day is July 25. Newman started his career in state government in 1970, taking oral history interviews for the Indiana State Library. He was later named Indiana's state archivist, a position he held until 1986 when he became the director of information management for the Supreme Court.As court records manager,...
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Appellate office clears backlog

January 1, 2008
Michael Hoskins
A new shift in the Indiana Appellate Clerk's Office has helped eliminate a backlog that created delays for some files getting to the appropriate court and appearing on the docket.Dealing with a backlog that's been evident for months, Appellate Clerk Kevin Smith started making changes late last year after becoming concerned with the ability to keep up with growing caseloads and intake workloads. The office implemented staff and organizational changes in January that involved hiring new employees, shuffling existing staff, and...
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Supreme Court grants 3 transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer late last week to three cases to rule on issues of double recovery, evidence obtained through search warrants, and emotional distress. The court granted transfer to Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes appealed the Indiana Worker's Compensation Board's denial of his petition for compensation from the Second Injury Fund. Mayes argued his settlement with a third-party tortfeasor shouldn't bar his recovery as a matter of law. At issue in the appeal...
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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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Race benefits fight against domestic violence

January 1, 2008
IL Staff
The Indiana Coalition Against Domestic Violence is hosting its fifth annual race Aug. 16 to raise money and awareness for the fight against domestic violence.The Race Away From Domestic Violence includes a 10k run, 5k run, and a 5k walk/wheelchair roll that are open to everyone. Individuals and teams can participate in the races and the ICADV encourages participants to seek pledge money, which will be used to support services for victims of domestic violence.Registration begins at 7 a.m., followed by...
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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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Notable attorney to speak at IU-Bloomington

January 1, 2008
IL Staff
A prominent attorney, civil rights leader, and political figure will deliver the 2008 Neal-Marshall Lecture in Public Policy March 27 at Indiana University in Bloomington.Vernon E. Jordan Jr. will share his thoughts about the current presidential campaign and other topics in his lecture, "America - Crossing Boundaries of Possibility." Jordan was executive director of the United Negro College Fund Inc., president and CEO of the National Urban League Inc., served as an advisor to President Bill Clinton, and has practiced law in Arkansas...
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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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Indiana first to sign Great Lakes Compact

January 1, 2008
IL Staff
Indiana became the first state to adopt the updated Great Lakes Compact Thursday. Gov. Mitch Daniels signed SEA 45, which implements added protections on Great Lakes water through the multi-state agreement. The Great Lakes-St. Lawrence River Basin Water Resources Compact was first developed more than five years ago and ensures that authority over water uses from the Great Lakes stays in the region. It also provides that economic development will be fostered through sustainable use and management of the waters and that...
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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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Longtime Bloomington attorney dies

January 1, 2008
Jennifer Nelson
A Bloomington attorney with an eight-decade career in law died July 17 at the age of 99. Sylvan W. Tackitt practiced law in Bloomington since 1933. The native Hoosier graduated from Indiana University School of Law in 1933 and began to practice with his mentor, attorney Robert Miller. Tackitt became Monroe County prosecutor in 1942. After his term as prosecutor, he went on to work defending Liberty Mutal. He retired in 1975 because he had developed heart problems and couldn't take...
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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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Director's victims' rights work gains recognition

January 1, 2008
IL Staff
The U.S. Attorney's Office recognized the work of Jean Hahn, director of the Jennings County Council on Domestic Violence in honor of National Crime Victims' Rights Week.Hahn was awarded the 2008 U.S. Attorney's Carol S. Morris Award for Outstanding Contributions to the Rights of Victims April 18. Hahn took over the Jennings County Council on Domestic Violence when the agency was facing numerous challenges and turned the agency into a strong voice for victims of domestic and sexual violence in Jennings...
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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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  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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