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Indiana Northern District judge dies

U.S. District Judge Allen Sharp in the Northern District of Indiana died at his home Friday, ending more than 30 years on the federal bench. He was 77. A notice of his death was posted on the Northern District of Indiana’s Web site Friday. Appointed to the federal bench Oct. 11, 1973, by President Richard Nixon, Judge Sharp took the bench that following month and served until taking senior status in November 2007. He was the fourth longest-serving active District judge in…

High court rules on issue preclusion in tax case

In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.

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.

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.

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…

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.

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.