New judge assigned to 2nd trial of former Lake Station mayor
A judge accused of falling asleep during the trial of the former Lake Station mayor and his wife has recused himself from a second trial involving them.
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Indiana justice recognized for work with children
Indiana Justice Steven David has received the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative Distinguished System Leadership Award. The award recognizes his work with children in court.
Attorneys: City handling of police shooting a national model
North Charleston, South Carolina, did not erupt in violence — as other cities in similar circumstances did — after a white police officer fatally shot an unarmed black man. Attorneys for both the city and the family say that is because of the quick actions both sides took to preserve the peace and to come to an agreement.
BMV: Reforms underway but will take years to complete
Significant reforms are underway at the troubled Indiana Bureau of Motor Vehicles, officials said Thursday, but noted those will likely take several years to carry out and won't come from "quick fixes" to the agency, which in recent years has overcharged motorists millions of dollars in fees.
Lawsuit wants plans mandated for dealing with big oil spills
An environmental group sued the federal government Thursday, contending it gives pipeline owners and operators a free pass on developing legally required plans for dealing with oil spills into lakes, rivers and other inland waterways.
Johnson County judges, public defenders sued for ‘systemic’ problems
People who’ve been arrested in Johnson County are taking the unusual step of filing a class-action lawsuit against the county, judges and public defenders there, claiming they have not been represented by an underfunded and overburdened public defender system.
Opinions Oct. 8, 2015
Indiana Court of Appeals
Robert E. Quinn v. State of Indiana
20A03-1503-CR-82
Criminal. Affirms convictions of child molesting and criminal confinement, both Class B felonies. Under the facts and circumstances of this case, the state’s employees acted reasonably in the manner in which they maintained, discovered and tested DNA evidence that led to Quinn’s convictions, thereby establishing the due diligence requirement of I.C. 35-41-4-2(b).
State performed due diligence charging man in 25-year-old attack
In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.
BP to pay $138 million in fees in DOJ deal
The value of BP Plc’s settlement with the U.S. government and five Gulf states over the Deepwater Horizon oil spill rose to $20.8 billion in the latest tally of costs from the U.S. Justice Department.
Delta sues Indy-based airline over canceled flights
Delta Air Lines Inc. is suing Republic Airways Holdings Inc., claiming that the regional airline company failed to fly some Delta Connection flights.
Prosecutors seeking DNA sample in Gary officer’s slaying
The Lake County Prosecutor's Office wants to obtain a DNA sample from a 27-year-old man accused of killing a Gary police officer.
Northern Indiana school district sued over Nativity scene
A high school student and a parent are challenging the constitutionality of a live Nativity scene that's been included in a northern Indiana school district's annual Christmas show for decades.
Opinions Oct. 7, 2015
7th Circuit Court of Appeals
Tom Allen Manuel v. J.A. Terris
15-1392
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Affirms denial of petition for habeas corpus, directed at the prison warden, for a reduction of Manuel’s prison sentence. The period that Manuel wants credited against his federal sentence had already been credited toward his state sentence.
Drug statutes not vague, but justices dismiss ‘spice’ charges
Two men who challenged their criminal charges for possessing chemical compound XLR11 had their charges dismissed by the Indiana Supreme Court Wednesday, but not because the statutes relating to the drug are unconstitutional as they had argued.
Federal prisoner not entitled to additional sentence credit
The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.
Court erred in not considering subsequent property settlement agreements
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
Allen County judge recognized for jury operations improvements
Allen Superior Judge Frances C. Gull, who has spent the past 10 years to electronically upgrading the court’s jury management system, will receive the 2015 G. Thomas Munsterman Award for Jury Innovation from the National Center for State Courts for her efforts.
Report on pro se litigants presented to Indiana Supreme Court
A report and recommendations for addressing the issue of unrepresented litigants has been submitted to the Indiana Supreme Court but the contents are not being made public.
Lawsuit takes on Indiana’s right-to-farm laws
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
Federal jury rules against DCS, awards family $31.3 million
The family of a 14-year-old Pulaski County girl who died as a result of prescription error has been awarded $31.3 million in a judgment against state agents who wrongly removed the couple’s children from their home and prosecuted the parents for their daughter’s death.