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Judge crosses out cell tower dispute

A federal suit is going back to Jeffersonville to decide whether a wireless carrier can put up a cell tower disguised as a Baptist church cross.U.S. District Judge Sarah Evans Barker Thursday remanded the case Sprint Spectrum v. City of Jeffersonville Board of Zoning Appeals, No. 4:05-cv-00154-SEB-WGH, issuing a final judgment and denying cross-motions for summary judgment from both parties. The nearly three-year-old suit was filed in the Southern District of Indiana New Albany Division.Sprint wanted to build a “stealth facility”…

Courts leave election law questions unanswered

In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.

Grant available for Family Court Project

A one-year grant of up to $40,000 is available to launch a Family Court Project. The grant is an opportunity for county governments to get funding for a project that provides judicial coordination of multiple cases involving the same family. Last year, only two new projects received funding for the 2008 year, so the Indiana Supreme Court had an extra $40,000 to include in the 2009 budget, said Loretta Olesky, Family Court manager. Typically, the grants run on two-year cycles; however,…

Supreme Court grants 2 transfers

The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.

Death penalty film, discussion Thursday

The death penalty is the topic of a film screening and discussion May 22 presented by the Indiana Coalition Acting to Suspend Executions (InCASE), Indiana University School of Law -Indianapolis’ Law Students Against Capital Punishment, and the Independent Film Channel. The film, “At the Death House Door,” is a personal and intimate look at the death penalty in Texas from the perspective of Carroll Pickett, a pastor who served 15 years as the death house chaplain in a Huntsville prison unit and presided…

Court rules on media access to CHINS cases

For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child.

Supreme Court dismisses moot appeal

The Indiana Supreme Court Feb. 26 granted transfer and dismissed a case involving state officials who violated the law by not following the public bidding process when they attempted to privatize a Fort Wayne development center that housed developmentally disabled adults. In Anita Stuller, et al. v. Mitchell E. Daniels, Jr., et al., No. 02A05-0601-CV-22, the high court dismissed the case as moot “because of events that transpired after the appeal was initiated,” according to the order.The development center at issue in the…

Court offers free CLE on judicial restraint

The United States District Court for the Southern District of Indiana will conduct a free CLE event next week in New Albany regarding judicial restraint.

Granted transfers include child-support case

The Indiana Supreme Court granted three transfers late last week, including one in which the court will re-examine a 2007 decision involving child support and incarcerated parents.

‘Pilgrims’ celebrate human rights

A newly formed coalition of Indiana University School of Law alumni of the Indianapolis and Bloomington law schools will launch the IU Alumni for International Human Rights Law organization Thursday – Thanksgiving – as "human rights pilgrims" for "active nonviolence."

Senator facing health concerns

Indiana Senate assistant majority floor leader and attorney Sen. David Ford, R-Hartford City, is hospitalized and awaiting news from his doctors regarding his health.Ford, 58, was hospitalized Jan. 15 in Fort Wayne and underwent surgery Jan. 18, the same day he and Rep. Jeff Espich, R-Uniondale, announced they would postpone town hall meetings scheduled for Jan. 19.A four-term senator, Ford represents Senate District 19, which covers Adams, Allen, Blackford, Grant, and Wells counties. He chairs the Technology Subcommittee of the Senate…

New chief defender chosen

Indianapolis defense attorney Robert J. Hill Jr. is poised to be the next top public defender in the state’s largest county.The Marion County Public Defender Agency’s governing board voted March 12 for him to lead the agency after David E. Cook resigns for private practice in mid-April. Cook notified the nine-member board of his decision in December to leave the office after 13 years at the helm, setting in motion a search for his successor.To help facilitate the transition, Cook agreed today to…

Paper wants judge to set aside libel verdict

A Terre Haute newspaper is asking the judge who presided over a libel trial against the paper to set aside the $1.5 million jury verdict. The Tribune-Star Publishing Company Inc., which produces the Terre Haute Tribune-Star, filed its 39-page brief to support a motion to correct errors Aug. 22 in Sullivan Circuit Court.In July, a jury awarded Clay County Sheriff’s Deputy Jeff Maynard $500,000 in compensatory damages and $1 million in punitive damages in his defamation suit against the newspaper, Jeff…

Responses for Tinder investiture due April 4

Indiana State Bar Association members have until April 4 to RSVP to attend the investiture of Judge John D. Tinder as a circuit judge for the 7th Circuit Court of Appeals. The investiture will be at 2:30 p.m. April 11 in the William E. Steckler Ceremonial Courtroom in the Birch Bayh Federal Building and United States Courthouse, 46 E. Ohio St., Indianapolis. A reception at the Columbia Club, 121 Monument Circle, Indianapolis, will immediately follow the ceremony. The ISBA is now…

Improperly fastened seatbelt can lead to stop

Front-seat passengers in cars must have their seatbelts properly fastened when the car is in motion, meaning the lap belt must be fastened and the shoulder belt across his or her shoulder, the Indiana Court of Appeals ruled today. The appellate court examined Indiana Code Section 9-19-10-2 to come to the conclusion that to avoid being stopped by a police officer for a seatbelt violation, a person must have both the lap and shoulder harnesses fastened and placed properly on the…

COA affirms Lake County early-voting sites

The Indiana Court of Appeals late this afternoon has affirmed a preliminary injunction allowing the operation of three early-voting locations in Lake County. In John B. Curley, et al. v. Lake County Board of Elections and Registration, et al., No. 45A03-0810-CV-512, the appellate court held the trial court’s order wasn’t clearly erroneous when the court determined the offices of the Circuit Court Clerk in Hammond, East Chicago, and Gary are not “satellite” offices and that Indiana Code Section 3-11-10-26(a)(1) doesn’t restrict the…

Firefighters allege reverse discrimination

A reverse discrimination suit filed Tuesday in federal court against the Indianapolis Fire Department is the second bias claim made against the city in a year.The newest suit in the Southern District names 20 white firefighters who allege they were passed over for promotions to lieutenant and captain in favor of less-qualified black candidates. The case is Glen Scott, et al. v. City of Indianapolis, et al.Brought by 19 men and a woman, the suit names the city and Indianapolis Fire…

Moving forward on merit selection: Judiciary, bar association support statewide change

An effort that began more than 50 years ago is being resurrected and could eventually reshape how judges are selected throughout Indiana. Stars are aligning for a multi-faceted thrust toward merit selection and retention for all trial judges statewide, an endeavor that’s been brewing behind the scenes for years but is now gaining more steam from the state’s judiciary and largest bar associations. While no guarantee exists that lawmakers would even consider such a change, key players supporting the concept in…

Indy juvenile facility gets new leader

The Indianapolis Juvenile Correctional Facility has its third new leader within a year.Frances Osburn has been promoted to superintendent, a role she’s had temporarily since previous superintendent Robert Rivenburg left in June. He’d been hired in August 2007 and left to pursue an opening with the Texas prison system. Osburn started July 10.She has been with the state DOC since 1985, beginning her career as a correctional officer and most recently serving as assistant superintendent at the facility.Located at 2596 Girls…

BREAKING: Lawrence confirmed

U.S. Magistrate Judge William T. Lawrence in Indianapolis has been confirmed as the newest federal judge on the Southern District of Indiana.Just about 4 p.m., the U.S. Senate took a break from discussion on wiretapping to move on to judicial nominations. They held a roll call vote at 4:35 p.m. They voted 97-0 at 5 p.m. to confirm Magistrate Lawrence to the judgeship, meaning he’ll be the Southern District’s first ever magistrate to be elevated to the constitutionally established Article III…