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Opinions June 7, 2016

Indiana Court of Appeals
Otter Creek Trading Company Inc. and Daniel Pohle v. PCM Enviro PTY, LTD.
40A01-1509-MI-1432
Miscellaneous. Affirms $147,000 default judgment for PCM after COA found the trial court did not abuse its discretion when it ruled Otter Creek’s reply to the complaint was too short after PCM sued for breach of contract because Otter Creek did not send a smelter PCM paid for. Also finds it didn’t matter that PCM did not have a certificate of authority and was not a full business, Otter Creek still needed to fulfill its contractual obligations.

COA affirms $147,000 judgment against smelter manufacturer

The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.

Judge in Stanford sex assault case called fair, respected

A judge who sentenced a former Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman used to play lacrosse at the school a few miles down the road from his courtroom, where attorneys said that he is respected and fair.

Slaughter to join Indiana Supreme Court Monday

Geoffrey G. Slaughter will be sworn as an Indiana Supreme Court justice next week, the court announced Tuesday. Chief Justice Loretta H. Rush will administer the oath of office Monday in a brief, private ceremony, which will allow Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.

Carmel facing another federal lawsuit for its traffic ordinance

Jason Maraman, who recently won a state lawsuit appealing his traffic ticket from Carmel, filed a new complaint in federal court on Friday. He is accusing the Carmel police officer who pulled him over of giving false testimony and targeting his vehicle for having an out-of-county license plate.

Justice Thomas may be writing ruling in Puerto Rico debt case

Two opinions released Monday by the U.S. Supreme Court hinted that conservative Justice Clarence Thomas is likely to be the author of the decision expected within weeks in a closely watched case affecting Puerto Rico’s financial future.

Half of Indiana police don’t report hate crimes data to FBI

More than half of Indiana's police agencies failed to file hate crime reports with the FBI between 2009 and 2014, a trend advocates say is troubling and one reason why state lawmakers need to change the state's standing as one of five states without a hate crime law.

More than 230 attorneys suspended for CLE, fee noncompliance

The Indiana Supreme Court on Friday released its list of attorneys who have failed to pay attorney registration fees, have not complied with continuing legal education requirements and/or failed to submit Interest on Lawyer Trust Accounts certifications.

Federal judges decide themselves on conflicts of interest

Donald Trump contends the federal judge presiding over a class lawsuit against Trump University has a conflict of interest and must step aside because of his "Mexican heritage." Yet nothing in federal law or codes of judicial conduct requires a judge to withdraw from a case because of his race, ethnicity, gender or other identifying criteria.

Task force debates putting pre-conviction filings online

The Indiana Supreme Court’s Advisory Task Force on Remote Access to and Privacy of Electronic Court Records voted Friday to recommend attorneys and clients have access online to all criminal case filings they are party to after the conviction has been entered, but did not set a date for when that would be available. The task force is considering whether pre-conviction criminal case filings should go online.