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Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.
A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.
Indiana Court of Appeals
Stephen Wirthlin v. State of Indiana
24A01-1711-CR-2662
Criminal. Reverses the denial of Stephen Wirthlin’s motion to withdraw his guilty plea to Level 6 felony charges of possession of methamphetamine and dealing in a synthetic drug or synthetic drug lookalike. Finds Wirthlin did not knowingly, intelligently and voluntarily waive his right to counsel at the initial or guilty plea hearings. Remands with instructions to withdraw Wirthlin’s guilty plea and vacate his conviction and sentence of two years, with 16 months suspended to probation, and for further proceedings.
The Ohio Supreme Court will decide whether the widow of a former University of Notre Dame football player can sue the school and the NCAA over allegations her husband was disabled by concussions from his college career in the 1970s.
USA Gymnastics is suing its insurance carriers, alleging that they haven’t been fully reimbursed for defense costs incurred in lawsuits filed by victims of disgraced former sports doctor Larry Nassar.
The Franklin Circuit Court must withdraw a first-time felon’s pleas to two drug counts after erroneously finding the man knowingly, voluntarily and intelligently waived his right to counsel, the Indiana Court of Appeals ruled Wednesday.
American Bar Association members are on Capitol Hill Wednesday and Thursday to advocate that lawmakers fund legal aid services and continue the student loan forgiveness program.
The nominations of Michael Scudder, Jr., and Judge Amy St. Eve, the Illinois nominees for the 7th Circuit Court of Appeals, are scheduled for a vote by the U.S. Senate Committee on the Judiciary on Thursday. If approved by the committee, the pair will go on to the full Senate for a confirmation vote.
Doris L. Pryor, the newest magistrate judge in the U.S. District Court for the Southern District of Indiana, will be officially sworn in later this week.The court announced Pryor’s appointment as magistrate judge in November, filling a vacancy created by the Aug. 2, 2017 death of Magistrate Judge Denise K. LaRue after a battle with cancer.
The troubled relationship that would-be lawyers have with the Indiana Bar Exam continues as the preliminary 47 percent overall passage rate from February 2018 is the lowest on record.
Forty Indianapolis attorneys and judicial officers have submitted their names for consideration to fill three upcoming vacancies in the Marion County courts. The field will be narrowed to nine, from which Gov. Eric Holcomb will select new judges to succeed three retiring judges.
The 7th Circuit Court of Appeals has upheld judgment in favor of U.S. Bank in a complaint under the Real Estate Settlement Procedures Act after finding the plaintiff failed to show how the bank’s allegedly inadequate response to a letter inquiring about insurance funds contributed to her legal injuries.
Two Valparaiso Law School graduates are included in the latest round of judicial nominations released Tuesday by the White House. Holly Brady of Fort Wayne and J.P. Hanlon of Indianapolis have been nominated for the federal bench in the northern and southern Indiana district courts, respectively.
7th Circuit Court of Appeals
Kelly Jean Linderman v. U.S. Bank National Association
17-1770
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the district court’s judgment in favor of U.S. Bank National Association on Kelly Jean Linderman’s claim under the Real Estate Settlement Procedures Act. Finds U.S. Bank did not violate the act.
Robert Grey, Jr., president of the Leadership Council on Legal Diversity and retired senior counsel at the Richmond, Virginia-based Hunton & Williams law firm, will deliver the James P. White Lecture on Legal Education at IU McKinney later this month.
The Indiana Court of Appeals has overturned a man’s Class A misdemeanor operating while intoxicated conviction after finding the trial court abused its discretion in admonishing the jury to ignore relevant evidence. But the appellate court also left the door open to a possible retrial on a lesser-included offense.
A cease and desist order has been issued against a company not licensed to sell insurance or conduct business in Indiana, according to the Indiana Department of Insurance.
A district court judge has awarded more than $150,000 in damages to McCordsville attorney Richard Bell in the most recent decision in a long line of copyright infringement cases stemming from a photo of the Indianapolis skyline.
The Indianapolis City-County Council on Monday night approved an ordinance that restricts the city’s new jail and criminal justice center from being run by a private operator once it eventually opens.
Inmates at the overcrowded jail in Evansville will be getting a road trip as officials move them to jails in Illinois and Kentucky to alleviate the congestion.