Indiana Court Decisions – Feb. 6-19, 2013
Read recent court opinions from Indiana appellate courts.
IL Staff
Articles
Legislature considers changes to prosecutors’ and judges’ retirement funds
In the House of Representatives, a bill that would change features of the Prosecuting Attorneys Retirement Fund is eligible for a third reading vote. In the Senate, a bill calling for a study of judges’ pensions is ready for second reading Monday as well.
‘Sovereign citizen’ gets 40-year sentence
A self-identified sovereign citizen was sentenced last week to 40 years in prison for felony convictions of kidnapping and intimidation of a witness.
Former Lake County clerk Philpot sentenced
A former Lake County clerk convicted of felony theft and mail fraud in the U.S. District Court, Northern District of Indiana will serve an 18-month sentence and pay a fine of $10,000.
Justices toss delinquency ruling for resisting school resource officer
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
Bills on magistrates; custody and visitation pass House
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
Justices suspend Tim Durham’s law license
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
Senator’s push for constitutional convention passes committee
Senate President Pro Tem David Long’s legislative initiative calling for a convention to propose amendments to the U.S. Constitution advanced out of the Committee on Rules and Legislative Procedure Tuesday.
Justices take juvenile sex offender case
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
Bill restricting social media access for sex offenders passes Senate
Senate Bill 347, introduced to rectify issues brought up by the 7th Circuit Court of Appeals when it struck down an existing law regulating social media use by registered sex offenders, passed the Senate Monday by a vote of 49-0.
Long’s constitutional convention legislation before committee Tuesday
Senate President Pro Tempore David Long’s resolution and two companion bills calling for states to gather to amend the U.S. Constitution to limit the commerce clause and federal taxing authority will be heard before the Committee on Rules and Legislative Procedure Tuesday.
Indiana farmer’s case goes before the SCOTUS Tuesday
U.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon Hugh Bowman alleging patent infringement.
7th Circuit Bar seeks Indiana attorneys to honor
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
Allen Superior judge to retire in April
Judge Stephen M. Sims of Allen Superior Court announced Thursday he will retire April 26 after nearly 20 years on the bench.
Brown, first African-American elected to statewide office, dies
Dwayne M. Brown, 50, the first African-American and youngest person elected to statewide office, died Feb. 12. He served as clerk of the Indiana appellate courts before being removed from office in 1994 amid allegations of ghost employment and sexual harassment.
Indianapolis police officer’s trial moved to Allen County
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
Justices decline to order mediation in walkout fines case
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
7th Circuit revises Pattern Criminal Jury Instructions
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
CVS to pay $400k to state over illegal billings to Medicaid
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.