Senators still stalling judge’s Circuit nomination
An Indianapolis judge's potential elevation to the federal appeals bench remains controversial even as the full U.S. Senate inches closer to voting on his nomination in the next week.
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COA: State must prove violation of statute
The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.
First impression on residential entry issue
Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
COA: Firefighter’s e-mail didn’t harm department
A firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled today.
Indicted judge to be suspended
The Indiana Commission on Judicial Qualifications has filed a notice with the Indiana Supreme Court for a request of suspension of LaPorte Superior Judge Jennifer Koethe, who was indicted Thursday for attempted obstruction of justice stemming from a shooting incident at her home in December.
Lawyer, school board president dies
Stephen A. Backer, an Indianapolis attorney and current president of the Carmel Clay School Board, died March 15 after a brief illness.
‘Rocket docket’ now set for juvenile appeals
New rules from the Indiana Supreme Court this week officially create an expedited "rocket docket" for certain juvenile cases going through the appellate system.
Appeals court expansion bill stays alive
Legislation that would create a new sixth panel for the Indiana Court of Appeals is moving through the legislative committee cycle, even though lawmakers doubt it will pass this session. The Senate Judiciary Committee met this morning and discussed Senate Bill 35, which proposes an additional appellate judge panel for the first time since 1991. […]
Justices reprimand Allen Circuit judge
The Indiana Supreme Court today publicly reprimanded Allen Circuit Judge Thomas Felts, who last summer was arrested for and later pleaded guilty to drunk driving.
Ukrainian judges to visit for 5th time
For the fifth consecutive year, Ukrainian judges will visit the Indiana Supreme Court to learn about the U.S. government.
Town court judge publicly admonished
The Indiana Commission on Judicial Qualifications issued a public admonition of the Walkerton Town Court judge today for employing his wife as court clerk for more than 10 years and for participating in an ex parte conversation with a defendant about her traffic infractions.
COA: ‘Serious deficiency’ in treating mentally ill
A panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a “serious deficiency” in the statutes for the treatment of developmentally disabled and mentally ill people in the state’s criminal courts. “Simply said, the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt for the crime alleged, rather than as a condition that prevents the defendant’s ability to form a punishable intention to…
Attorney’s kidnapper nets 60-year sentence
The man who abducted his attorney in July 2008 has been sentenced to 60 years in the Indiana Department of Correction.
Appellate docket offers more public access
Docket entries for more than 200 juvenile-related cases are now publicly available online through the Indiana Appellate Clerk's Office.
Court rules on upward sentence revision
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
Tax exemption doesn’t apply to hotel utilities
The Indiana Supreme Court was split today in its ruling on whether a hotel was entitled to a sales tax exemption on utilities it purchased during 2004 and 2005.
Trial court erred in denying motion to continue
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
COA at Purdue University for election case
A panel of Indiana Court of Appeals judges visits Purdue University Tuesday for arguments in an election dispute out of Delaware County.
2 attorneys suspended over real estate deal
Two attorneys have been suspended by the Indiana Supreme Court for their representation of a client in a real estate contract in which one of the attorneys had a financial interest.
Court upholds out-of-state juvenile placement
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.