7th Circuit: Google v. Wikipedia citations
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Judges and appellate attorneys should feel free to include Google satellite photos in cases to the 7th Circuit Court of Appeals in Chicago.
The Indiana Supreme Court granted two transfers this week:One case involves the probation revocation that followed a man’s questionable communications with minor children he wasn’t supposed to be around. The other involves a question of which “home state” child custody and visitation issues should be heard based on federal and state statutes.In Theron W. Hunter v. State of Indiana, No. 69A01-0702-CR-061, the court will take up an issue addressed in an unpublished memorandum decision from the Court of Appeals in June. The…
The Supreme Court of the United States will consider the constitutionality of Indiana’s voter identification law in early 2008.A calendar published this morning puts the consolidated Hoosier cases on the high court’s docket for 10 a.m., Jan. 9. The cases are Crawford v. Marion County Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25).Both challenge the law that took effect July 2005. The 7th Circuit had previously affirmed a District judge’s ruling that the law wasn’t unconstitutional. Rep. William Crawford,…
The American Bar Association has given its highest ranking to U.S. District Judge John D. Tinder in his nomination for the 7th Circuit Court of Appeals.
The Indiana Court of Appeals today delved into what it means to manufacture cigarettes under state law.A unanimous 30-page decision came in Steve Carter in his role as Attorney General v. Carolina Tobacco Company, Inc. http://www.in.gov/judiciary/opinions/pdf/09170702jgb.pdf,No. 49A04-0503-CV-151, affirming a lower court decision that the state attorney general’s office improperly refused to include an Indiana tobacco company in a yearly directory of manufacturers allowed to sell cigarettes in the state.The Marion County suit involves the “Roger” brand of cigarettes that began…
A criminal defense attorney’s failure to severe four burglary cases fell below an objective standard of reasonableness and prejudiced his client, the Indiana Court of Appeals ruled today.In Darrel M. Maymon v. State of Indiana, No. 48A02-0611-PC-1060, the appellate court reversed a ruling by Madison Superior Judge Thomas Newman in denying relief on a claim of ineffective assistance of counsel at the post-conviction stage.That trial defense attorney is not named in today’s opinion, but the defendant-appellant contended that his trial counsel…
The Indiana Supreme Court granted rehearing in a case to clarify that defendants who plead guilty do not give up the opportunity to claim on appeal that the trial court should have considered the guilty plea a mitigating circumstance, even if defendants fail to bring up this claim during sentencing. Alexander Anglemyer sought rehearing following the Supreme Court’s decision Alexander J. Anglemyer v. State of Indiana, 43S05-0606-CR-230, affirming his sentences for robbery and battery. Anglemyer was charged with robbery as a Class…
The Court of Appeals ruled on a case of first impression involving whether a licensed child care facility constitutes residential or commercial use of the owner’s residence. In Jeannie Lewis-Levett v. Richard D. Day and Martha A. Day, 50A03-0705-CV-199, Lewis-Levett appealed the trial court’s summary judgment ruling in favor of the Days. As owners and operators of Golfview Estates, the Days recorded covenants applicable to the lots there, which prevents buildings in the neighborhood being used for “any trade, business, manufacture or…
Indiana has lost an attorney considered by colleagues to be one of the most educated lawyers in the state about alcohol beverage law.Merrillville attorney Stephen M. Brenman died in his sleep early Tuesday morning. Colleagues said they were not yet aware of details and arrangements being finalized this week.Brenman, a second-generation lawyer, practiced with his son, Jeremy, at their full-service, boutique Law Offices of Stephen M. Brenman. His office is closed until Monday, according to a recording at his office today.The…
A driver of an ATV shouldn’t be prosecuted for driving under the influence on his own property because charges were brought under the wrong statute, the Indiana Court of Appeals ruled today.In State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, the state charged Manuwal with OWI with an alcohol concentration equivalent of at least .15 after he had crashed an ATV he was operating on his own property. Manuwal was injured as a result of the accident and while at…
A Lake County judge was found dead in his home Tuesday after not showing up for morning hearings.Superior Judge Robert A. Pete, 54, apparently died of natural causes, coroner’s officials told a local newspaper, and the local legal community was reeling from his unexpected death. A bailiff went to the judge’s home after he didn’t arrive in court or notify staff about his absence.Judge Pete was appointed to the Superior Court’s Civil Division 5 courtroom in Hammond in 2001 and faced…
Medical malpractice attorneys are sighing in relief after a much-anticipated ruling by the Indiana Supreme Court this afternoon.Justices granted transfer and issued a per curiam opinion this afternoon on a case that had the potential to dramatically change how med mal attorneys recover fees in these types of cases.But instead of altering that, the unanimous ruling stipulates that the fee structure often used by these med mal attorneys can stand, and the court offers guidance for attorneys seeking to ensure fee…
The Indiana Court of Appeals issued an order Friday holding an attorney in contempt. The order came about because of questionable conduct by the court-appointed attorney. At a hearing Nov. 14, the attorney, Allen C. Mattson, admitted the allegations against him were true.Mattson was appointed to represent Michael A. Quillen in Blackford Circuit Court. Mattson was also appointed as appellate counsel for Quillen. From March 14 through July 30, 2007, Mattson filed two motions for extensions, a plea for extension of time…
The United States Department of Justice is suing Indianapolis based on allegations that the city discriminated against eight white police officers in denying them promotions.The complaint, United State of America v. City of Indianapolis, was filed in the U.S. District Court’s Southern District in Indianapolis Wednesday and alleges that white female officers and black male officers on promotion eligibility lists were promoted in 2005 before other officers ranked higher. Officers alleging discrimination are Scott A. Hessong, Benjamin D. Hunter, Brandon C….
The Indiana Supreme Court has issued a decision on how a state statute governs recovery when a financial institution interpleads and pays into court-deposited funds that are subject to an adverse claim.A unanimous opinion came Wednesday in Porter Development, LLC v. First National Bank of Valparaiso, No.64S04-0606-CV-236, stemming from a Porter Superior case involving the bank and the development company.First National initiated the action as an interpleader, alleging it was the holder of a $100,000 certificate of deposit owned by Porter…
After six years on the air, Indiana’s appellate courts are updating their webcast equipment to help attorneys and the public watch arguments online.When arguments start again later this month, the courts plan to stream arguments with both Windows Media and Real Player – only the latter is currently available. Officials note that a worn-out VHS player with a DVD recorder (used primarily to make copies for attorneys) will have new tilting software.The court also added a new full-time employee July 13…
The Indiana Supreme Court today added fuel to the fiery question of how retroactive a landmark 2004 ruling is from the Supreme Court of the United States.Justices unanimously agreed in four cases – three of which were combined into oral arguments in March – and decided that belated appeals of sentences entered before a new constitutional rule goes into effect are not governed by that new rule.While Post Conviction Rule 2 permits belated appeals of criminal convictions and sentences under some…
A Vanderburgh County forensic diversion program is expanding to accept impaired drivers into the alternative sentencing program.
A federal prosecutor in northern Indiana will be the newest member of the U.S. District Court for the Northern District in Hammond.The full U.S. Senate unanimously confirmed U.S. Attorney Joseph Van Bokkelen’s appointment Thursday, meaning he will succeed retiring Judge Rudy Lozano who is taking senior status.President George W. Bush, who nominated the veteran trial lawyer, still needs to sign Van Bokkelen’s appointment, which he could do after Judge Lozano steps down after July 10. Van Bokkelen would be sworn in…
The Indiana Court of Appeals affirmed the dismissal of a breach-of-contract complaint filed by Vectren Energy and Citizens By-products Coal Co. against Executive Risk Specialty Insurance, finding the two companies never had standing to file the complaint because they are trying to fix alleged wrongdoings done to another company, rather than themselves.In Vectren Energy Marketing & Service, Inc., et al. v. Executive Risk Specialty Insurance Co., ProLiance Energy, LLC, et al., 82A05-0702-CV-115, Vectren and Citizens appealed the trial court’s order granting Executive…