Michael W. Hoskins

Trial courts that order parties to sell marital residences can take into account any needed repairs and costs associated with selling residences when figuring the value, as long as those amounts are based on evidence in the record, the Indiana Court of Appeals decided today.A unanimous three-judge appellate panel ruled today in David Keown v. Cynthia Marie Keown, No. 49A02-0706-CV-496, a Marion County case in which the ex-husband challenged a trial court’s decision in recalculating the value of the marital residence as…

An Indiana state prison inmate has filed dozens of lawsuits with claims that a painful odor violated his constitutional rights, he’s been repeatedly denied access to public records, victimized by excessive force, and not given proper treatment behind bars.The Indiana Appellate Clerk’s Office has 35 of Eric D. Smith’s appeals, most being civil suits that include one decided today, and six that remain pending awaiting action.Today, the Indiana Court of Appeals dismissed one of the 29-year-old’s string of suits and the…

Ever worried about what happens if you don’t know, understand, or use courtroom technology correctly in preparing for trial?A new video from the U.S. District Court for the Southern District of Indiana offers a glimpse into the possibilities, from the dramatic portrayal of a federal judge dozing off during trial to a nervous attorney sweating profusely in court when jurors and courtroom staff can’t hear him.After updating its Web site and revising a video on the Video Evidence Presentation System late…

  A federal judge has decided a state prison inmate can proceed with his lawsuit against a Department of Correction official and food service provider, claiming that both denied him enough food to stay healthy and went against a medically prescribed diet restricting onions.U.S. District Judge William Lee in South Bend ordered March 11 that Joshua Ketchem be allowed to proceed with his suit filed in January 2007. The case is Joshua Ketchum v. J. David Donahue, et al., No. 3:07-CV-316 WL.A prisoner…

The Indiana Supreme Court has cut an Indianapolis child molester’s prison sentence in half from 120 to 60 years, reanalyzing the penalty he received for being convicted of multiple counts of victimizing his stepdaughter.But one of the state’s top jurists objected to the court accepting this sentencing case, emphasizing that reviewing and revising this penalty goes against the high court’s role as one of “last resort” and could lead to trial judges being less cautious and measured in sentencing.A 4-1 ruling…

Breaking News: April 4, 2008 A Marion County judge and his part-time commissioner face nearly a dozen judicial misconduct charges each for delays and dereliction of duty that resulted in an Indianapolis man staying in prison for almost two years after DNA testing cleared him of a 1984 rape.The Indiana Judicial Qualifications Commission late Wednesday afternoon filed charges against Marion Superior Judge Grant W. Hawkins and Commissioner Nancy L. Broyles, relating to their involvement in a post-conviction case for Harold D….

The Supreme Court of the United States has found that a criminal defendant who’s been declared competent to stand trial does not necessarily have the right to represent himself.About 10 minutes into its public sitting that started at 10 a.m., the U.S. Supreme Court issued its 7-2 ruling in Indiana v. Edwards, No. 07-208. Justice Stephen Breyer wrote the opinion, with Justices Antonin Scalia and Clarence Thomas dissenting. Opinions are typically posted on the high court’s Web site within an hour of…

A federal judge in Indianapolis has ordered a new trial for Cinergy Corp because the energy company now owned by Duke Energy committed misconduct earlier this year and tainted the liability phase of the litigation. U.S. District Judge Larry McKinney issued a 29-page decision in U.S., et al. v. Cinergy Corp, et al., 1:99-cv-1693, on Thursday, unsealing it and making the ruling public Dec. 22. “In summary, the Court concludes that Cinergy’s misrepresentations about payment of one of its fact…

Indiana Supreme Court justices this morning listened to arguments in the cases of two convicted sex offenders who are challenging a state law requiring them to register for life on a public database, even though they weren’t required to do so at the time of their criminal convictions.The arguments came in the combined case of Todd L. Jensen v. State and Richard P. Wallace v. State, No. 02S04-0803-CR-137, which delves into issues with the state’s sex-offender registry the court hasn’t explored…