COA to host Tavitas robing ceremony next week
Newest Indiana Court of Appeals Judge Elizabeth F. Tavitas will be ceremonially sworn into office next week when the court hosts a public robing ceremony.
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Public Defender Commission announces legislative priorities
The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.
Ford’s lawyers submit 4 affidavits backing up assault story
Christine Blasey Ford’s lawyers said Wednesday they have given the Senate sworn affidavits from four people who say she told them well before Brett Kavanaugh’s Supreme Court nomination that she had been sexually assaulted when she was much younger.
Three magistrate finalists named for Lake County judgeship
Republican Gov. Eric Holcomb will select one of three magistrate judges to fill the vacancy on the Lake Superior Court created when Judge Elizabeth Tavitas was appointed to the Indiana Court of Appeals this summer. The Lake County Judicial Nominating Commission late Tuesday named magistrate judges Lisa A. Berdine, Thomas P. Hallett and Nanette K. Raduenz as finalists to succeed Tavitas in Lake Superior Court 3, family division.
Opinions Sept. 25, 2018
Indiana Supreme Court
State of Indiana v. Norfolk Southern Railway Company
18S-IF-193
Infraction. Finds Indiana’s blocked-crossing statute which prevents trains from blocking intersections for more than 10 minutes is pre-empted by the Interstate Commerce Commission Termination Act. Holds that Indiana’s statute, Ind. Code section 8-6-7.5-1, violates the ICCTA’s prohibition on managing or governing rail transportation by causing Norfolk Southern to change several key operations just to try to comply.
Indiana Supreme Court greenlights blocked railroad crossings
A unanimous Indiana Supreme Court sent a message Tuesday to Hoosier motorists stuck at railroad crossings waiting for trains to pass: relax, you’re going to be there awhile. The court struck down a state law limiting blocked crossings to 10 minutes, holding that such regulations were pre-empted by federal law.
COA: Lawyer’s undiscovered fraud wouldn’t have changed guilty plea
The Indiana Court of Appeals affirmed a decision that found an attorney’s alleged misconduct would not have resulted in a different outcome of a man’s guilty plea for health care fraud.
Bill Cosby gets to 3 to 10 years for 2004 sex assault
Former television star and comedian Bill Cosby has been sentenced to three to 10 years in state prison and must register as a sexually violent predator for drugging and molesting a woman at his suburban Philadelphia home more than a decade ago.
Lake County lawyers rank judicial candidates
Lake Superior magistrate judges Kathleen Belzeski and Nanette Raduenz are being described by the local legal community as best qualified for the vacancy in Lake Superior Court, family law division.
Judge Wilkins returning home to give Birch Bayh lecture
Judge Robert Wilkins of the U.S. Court of Appeals for the District of Columbia Circuit will be returning to his home state of Indiana to deliver the 7th Annual Birch Bayh Lecture at the Indiana University Robert H. McKinney School of Law.
Justices amend appellate, small claims rules
The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.
Lawyer sanctioned for failure to appear in teen’s homicide trial
An Indianapolis attorney must pay a $1,000 fine for failing to appear in federal court to defend a teen being tried as an adult in an alleged gang-related killing and an armed robbery of a Broad Ripple-area pharmacy.
With newfound aggressiveness, GOP ramps up Kavanaugh fight
Brett Kavanaugh says he won’t let “false accusations drive me out of this process” as he, President Donald Trump and top Republicans mount an aggressive drive to rally the public and GOP senators behind his shaky Supreme Court nomination.
Former Vigo County schools chief charged with bribery
A former western Indiana school chief faces three felony counts of bribery for allegedly accepting gifts from a vendor.
Opinions Sept. 24, 2018
Indiana Court of Appeals
Delmar Kelly v. State of Indiana (mem. dec.)
18A-CR-1162
Criminal. Affirms Delmar Kelly’s dealing in narcotics conviction. Finds the Hendricks Superior Court did not commit fundamental error in allowing the state to present during trial evidence of Kelly’s post-arrest, pre-Miranda silence. Also finds Kelly’s due process rights were not violated.
Supreme Court to hear OWI case based on observed speeding stop
The Indiana Supreme Court granted transfer to a case on Monday involving a defendant’s motion to suppress evidence from a traffic stop that led to his arrest.
Lawyer reprimanded for collecting unreasonable fee
A South Bend attorney was reprimanded by the Indiana Supreme Court on Friday after agreeing that she violated the Rules of Professional Conduct by collecting an unreasonable fee.
Sweeney takes oath of office as Southern District judge
Judge James R. Sweeney II of the U.S. District Court for the Southern District of Indiana was sworn into office at 11 a.m. Monday as the Southern District’s newest judge since 2010.
Lawyer accused of forging judge’s name suspended again
A suspended Decatur lawyer who faces multiple disciplinary charges — including for accusations that she signed a judge’s name on a phony divorce order and sent emails posing as a deputy prosecutor — has again been suspended for failing to cooperate with investigations.
Man’s conviction upheld in 2 robberies of same Indiana bank
An appeals court has upheld the conviction of a man who was found guilty of robbing the same central Indiana bank twice about 15 months apart.