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A free CLE, "Habeas Corpus and the Guantanamo Detainees: The Ongoing Tension between Liberty and Security," Dec. 30 will feature an Indianapolis attorney who was recently in Cuba and had firsthand experience with detainees.
A northern Indiana deputy prosecutor and soon-to-be LaPorte Superior judge was shot in her home late Monday night.
Filing deadlines are important for attorneys in any case. But some recent confusion in a child custody appeal brought to light some uncertainty about how the state’s appellate rules compute some of those deadlines when “non-business days” or “calendar days” are applied to the motions practices before the Court of Appeals and Supreme Court.
While many attorneys get a day off of work today because courts, government offices, banks, and many businesses are closed to honor the birthday of Martin Luther King Jr., more than 200 lawyers have volunteered to spend two hours answering legal questions from the public as part of the Indiana State Bar Association’s 10th annual Talk to a Lawyer Today event.
The Indiana Supreme Court will rule on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car. This issue divided the Indiana Court of Appeals, which reversed Brenda Moore’s conviction.
The Indiana Attorney General’s Office has filed a brief with the nation’s highest court, urging the justices to not hear a case about whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
The Indiana Supreme Court, Court of Appeals, and Tax Court are closed today in observance of the Martin Luther King Jr. Day holiday.
The Indiana Supreme Court granted one transfer and denied 16 for the week ending Jan. 14, 2011.
The Indiana Supreme Court, Court of Appeals, and Tax Court are closed today in observance of the Martin Luther King Jr. Day holiday.
The 2011 Martin Luther King Lecture, “After Obama: Three ‘Post-Racial’ Challenges,” will take place at Valparaiso University School of Law Jan. 20. The event begins at 4 p.m. at Weseman Hall, 656 S. Greenwich St., Valparaiso. It is free and open to the public. Advance registration is not required.
The full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern Indiana federal judge’s decision should be upheld.
The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.
Bruce Lemmon will be the new commissioner of the Indiana Department of Correction. Gov. Mitch Daniels’ office announced the appointment Thursday.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Orlando Quezare v. Byrider Finance, Inc.
29A02-1008-PL-944
Civil plenary. Affirms summary judgment for Byrider Finance on Quezare’s suit that his bonus payments were “wages” under the Wage Payment Statute and Byrider violated the statute by not paying him his bonuses within 10 days of the date they were earned. The bonuses were not wages for the purposes of the statute because they were not directly related to the amount of time Quezare worked, were not necessarily paid regularly, and the bonus program was discretionary.
Alexander Orta v. State of Indiana
71A05-1004-CR-210
Criminal. Affirms convictions of and sentence for felony murder, Class A misdemeanor operating a vehicle with a controlled substance in the blood, and Class C felony failure to stop at the scene of an accident resulting in death of another person. The trial court acted within its discretion with regard to each of Orta’s alleged errors, the trial court properly applied the Indiana Supreme Court’s opinion in Sanchez, and Orta’s sentence is appropriate.
Christopher Brian Neal v. State of Indiana (NFP)
07A01-1007-CR-331
Criminal. Affirms convictions of and aggregate 65-year sentence for felony murder and Class B felony robbery.
Nanci Lacy v. State of Indiana (NFP)
49A02-1005-OV-528
Local ordinance violation. Affirms permanent injunction order impounding any animal Lacy owned and prohibiting her from owning or keeping an animal in Marion County.
Gregory Withers, Jr. v. State of Indiana (NFP)
34A04-1006-CR-419
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a child.
Term. of Parent-Child Rel. of N.J.; J.J. and A.D. v. I.D.C.S., St. Joseph County office (NFP)
71A04-1004-JT-209
Juvenile. Affirms involuntary termination of parental rights.
Douglas P. Johnson v. State of Indiana (NFP)
92A03-1004-CR-222
Criminal. Affirms denial of motion to sever child molesting charges from sexual misconduct with a minor charges.
Jay F. Vermillion v. Indiana State Prison Disciplinary Body and Westville Control Unit (NFP)
46A03-1008-SC-409
Small claims. Affirms grant of motion to dismiss Vermillion’s complaint alleging his disciplinary sanction and the confiscation of his television were in violation of Department of Correction policy.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
John M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
09-2924
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Order. Petition for rehearing en banc is denied. Panel previously reversed District Court’s finding that Stephenson received ineffective assistance of counsel because the attorney didn’t object to Stephenson’s wearing a stun belt in court. Judges Rovner, Williams, and Hamilton dissent.
Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.
An Indiana Court of Appeals decision from last fall could prove to be a game-changer for how the state’s largest county handles the high-profile prosecution of a police officer accused of drunk driving that resulted in one death and other injuries.
The Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding pro se.
Today is the deadline for state senators to file Senate bills to be considered during the 2011 session. State representatives’ deadline for filing House bills was Tuesday and they have until today to file vehicle bills.
To allow time for counties to amend their local rules to conform with Indiana Administrative Rule 3 regarding the selection of special judges, the Indiana Supreme Court has issued an order establishing temporary procedures for selecting these judges.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of H.C. and T.C.; J.C. v. IDCS (NFP)
76A03-1006-JT-374
Juvenile. Affirms termination of parental rights.
Michael Gregory v. State of Indiana (NFP)
20A03-1002-CR-128
Criminal. Affirms convictions of three counts of child molesting as Class A felonies and three counts as Class C felonies, reverses Gregory’s aggregate sentence, and remands with instructions to issue an amended sentencing order and to issue any other documents or chronological case summary entries necessary to impose an aggregate sentence of 68 years.
Indiana Tax Court had posted no opinions at IL deadline.