Michael W. Hoskins - The Indiana Lawyer

President picks prosecutor for Northern District

January 1, 2009

The veteran federal prosecutor who’s filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who’s been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen’s confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several…

Cinergy trial ends with split verdict

January 1, 2009

A federal jury returned a verdict that a major energy company violated clean-air rules at a coal-fired power plant along the Ohio River in southeast Indiana.

Second Cinergy trial starts in Indy

January 1, 2009

A second clean-air violation trial is underway in Indianapolis about whether coal-fired power plant modifications triggered a need for new pollution-control equipment at facilities in Indiana and Ohio.

BREAKING: U.S. Senate committee OKs judicial nomination

January 1, 2009

The Senate Judiciary Committee has just voted in favor of U.S. District Judge David F. Hamilton's nomination to the 7th Circuit Court of Appeals.

Hoosiers see holiday activity on nominations

January 1, 2009

Indiana’s legal community got a mixed bag of gifts on Christmas Eve, as one former Hoosier attorney received Senate confirmation for an ambassadorship, a federal prosecutor in Hammond learned he might be promoted, and a Bloomington law professor got what amounts to a lump of coal as senators declined to act on her nearly year-old nomination.The flurry of activity started late Dec. 23 and carried over into Christmas Eve, with Sen. Evan Bayh announcing first that David Capp would be the…

Statewide system debuts in City Court

January 1, 2009

Greenwood City Court is the state's first city or town court to start using a tool that will eventually connect all of Indiana courts' case management systems.

Prosecutor faces misconduct charges

January 1, 2009

The Indiana Supreme Court's Disciplinary Commission has filed a complaint against Marion County Prosecutor Carl Brizzi alleging he played to the media and violated professional conduct rules when commenting about two murder cases.

Judicial merit-selection override a possibility

January 1, 2009

The state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.

Coverage for unborn children up in air

January 1, 2009

Lawmakers failed to act on a bill that would have amended Indiana's child wrongful death statute to cover unborn children, thus defeating it for this legislative session in its current form.

Senate passes new COA panel bill

January 1, 2009

The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.

SCOTUS denies cert in Indiana case

January 1, 2009

The nation's highest court has declined to take an Indiana case asking whether a prisoner suing under the Prison Litigation Reform Act has the right to a jury trial on any debatable factual issue relating to a failure to exhaust administrative remedies.

Senate gets St. Joe judges bill, with twist

January 1, 2009

The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.

Judge suspended for 60 days, no pay

January 1, 2009

The Indiana Supreme Court has suspended Marion Superior Judge Grant W. Hawkins from the bench for 60 days without pay, though two justices wanted a yearlong penalty while two others wanted a month suspension.

Justices to hear 3 arguments Thursday

January 1, 2009

The Indiana Supreme Court will hear three cases on Thursday morning, including one that deals with incest confessions to police, and a second involving a police officer's claims for injuries he received while responding to a complaint at a strip club.

Order affirms delinquent fee waivers

January 1, 2009

The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).

Justices rule on residency-restriction law

January 1, 2009

The Indiana Supreme Court says the three-year-old state law restricting sex offenders from living within 1,000 feet of where children congregate constitutes an unconstitutional form of retroactive punishment. However, the sex offender who won the appeal has been dead since September 2008.

Federal Circuit converges on Indianapolis

January 1, 2009

The 7th Circuit Court of Appeals has kept up with a trend of publishing more written opinions than any other federal court, and one of the most significant happenings in the past year is the recent resurrection of inviting lower trial judges to sit by designation on appeals panels.

SCOTUS recusal ruling cited in judicial-canon case

January 1, 2009

A federal judge in Fort Wayne is deciding whether the state's judicial conduct code should be able to restrict judicial candidates from answering surveys about views on issues they might someday hear in court.

Judge: punitive-damage cap unconstitutional

January 1, 2009

A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.

Indiana funds want SCOTUS review

January 1, 2009

Three Indiana pension and construction funds are asking the Supreme Court of the United States to reconsider their objections to the Chrysler bankruptcy proceedings that earlier this year resulted in the sale of most of the American automaker's assets to an Italian company.

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