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COA: State can’t claim adverse possession

The state can’t obtain title to a disputed tract of land through adverse possession because the state can’t satisfy the tax requirements in Indiana statute regarding adverse possession, the Indiana Court of Appeals ruled today in a case of first impression.In State of Indiana v. Jeanette Serowiecki, No. 56A04-0710-CV-576, the state appealed the trial court’s grant of summary judgment in favor of Jeanette Serowiecki on the state’s complaint to quiet title to an 18.6-acre tract of land in Newton County. Serowiecki is trustee…

Court: father not responsible for late payment

The Indiana Court of Appeals reversed a trial court denial of a father’s post-dissolution motion for rule to show cause why his ex-wife shouldn’t be held in contempt, and remanded for the court to enter a new order. In John L. Richardson v. Susan E. Hansrote, No. 72A01-0706-CV-288, Richardson appealed the trial court denial, raising three issues: whether the trial court erred when it determined he had a child-support arrearage; whether the error by the court clerk, who mistakenly applied Richardson’s child…

Law prof co-authors anti-terrorism tools report

An Indiana University School of Law – Bloomington professor has co-authored a report casting doubt on the effectiveness, lawfulness, and appropriateness of using data-based tools to fight terrorism.

COA differs on when ‘critical stage’ starts

A panel of Indiana Court of Appeals judges agreed that a defendant’s motion to suppress evidence of a polygraph test should have been granted by the trial court. But the judges had differing reasons for granting the reversal of the trial court, with the majority deviating from precedent on when the right to counsel begins.In Thomas E. Caraway v. State of Indiana, No. 47A01-0709-CR-416, Thomas Caraway appealed the trial court’s denial of his motion to suppress and exclude all evidence of a…

ACLU sponsors charter school discussion

The American Civil Liberties Union of Indiana's First Wednesdays are back in session starting Feb. 6 with a discussion about charter schools and school vouchers to occur at the same place and time as past First Wednesdays, noon to 12:50 p.m., at the Indiana Historical Society, 450 W. Ohio St.

Man not fired for being ‘whistle-blower’

The 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence the company fired him in retaliation for being a whistle-blower.

Walk to raise awareness for non-profit’s mission

The CEO of an organization that assists victims of sexual assault will embark on a 10-day walk next week across Indiana to raise awareness and funds for the Indiana Coalition Against Sexual Assault and the anti-sexual violence movement.

President signs new federal IP law: Legislation considers piracy issues, creates ‘copyright czar’

The United States is stepping up to better protect intellectual property. If there was any doubt before, it’s official now with a new law signed by President George W. Bush Oct. 13. Known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or PRO IP for short, the law is designed to strengthen existing copyright laws, create civil forfeiture clauses so equipment believed to be used in an IP crime can be seized, and establish a cabinet-level position…

Administrative remedies must be exhausted

Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.

Supreme Court adopts new ethics rules

The Indiana Supreme Court is adopting a new Code of Judicial Conduct based on the 2007 national model of the American Bar Association. The rules will become effective Jan. 1, 2009.

Firm creates industry-based practice group

Baker & Daniels has established an advanced manufacturing and logistics practice group to work with Indiana businesses directly related to and affected by these industries. The practice group is comprised of more than 20 attorneys with experience in numerous areas of law including corporate, labor and employment, litigation, and intellectual property. Partner James S. Birge will lead the industry-based group.

High court grants 4 transfers

The Indiana Supreme Court granted four transfers last week, though one was remanded to the state’s Court of Appeals while another came with a significant ruling about community rental restrictions.In taking the cases, justices now have a chance to weigh in on the denial of post-conviction relief regarding a habitual offender enhancement and driving an ATV while drunk on private property.On May 13, the high court granted transfer in State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, which asks whether the…

Indiana General Assembly back in session

The Indiana General Assembly reconvened today with property tax issues consuming much of the focus of the 2008 short session. Also receiving much attention are issues regarding sex offenders, education, and the environment. Another bill of interest to the legal community is House Bill 1045, which introduces a courthouse preservation advisory commission and courthouse preservation fund, and requires the commission to provide assistance for courthouse related projects. Grandparent visitation rights are dealt with in Senate Bill 48, which allows for a…

COA reverses contempt finding

The Indiana Court of Appeals reversed a trial court order finding a father in contempt of court for not complying with orders stemming from post-dissolution proceedings, ruling the father did comply with an order requiring he update his ex-wife with documents regarding a trust for his children’s education. In David L. Bartlemay v. Nancy Witt, f/k/a Nancy Bartlemay, No. 89A04-0802-CV-50, David Bartlemay appealed a 2007 trial court order that he was in contempt of court for violating previous orders following the dissolution…

COA: Warrant didn’t need to be admitted

In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.

Settlement reached in equal pay suit

A day before a multi-million dollar class action suit was supposed to go to trial, attorneys reached a settlement in the state employees’ equal pay case that is expected to give every plaintiff what they asked for.The class – made up of as many as 15,000 former state employees – wanted compensation for hours they worked between 1973 and 1993 and didn’t receive equal pay of fellow workers, who had only worked 37 1/2 hours compared to their 40 hours a…

State’s justices set record together

The Indiana Supreme Court made history this week.The current five justices reached a record-setting milestone Feb. 24 in the number of days they’ve served together on the state’s highest court. Chief Justice Randall T. Shepard and Justices Ted Boehm, Brent Dickson, Robert Rucker, and Frank Sullivan have been together for 3,040 consecutive days, according to the Appellate Clerk’s Office.To be clear: They’ve been together since Justice Rucker joined the court Nov. 19, 1999.The previous record goes back to 1985. Justices Alfred Pivarnik, Dixon…

SCOTUS defines money-laundering ‘proceeds’

The Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man in a split decision today.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago. This was one of two money-laundering cases decided by the court today; the other came in Cuellar v. U.S., No. 06-1456, which held that mere concealment of money during a transport is not enough to support…