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UPDATE: Senate acting on magistrate’s confirmation

January 1, 2008

The U.S. Senate is about to vote on whether a federal magistrate in Indianapolis will be elevated to a constitutionally established judgeship. The senators started to voted after 4:30 p.m. Around 4:15 p.m. the senators started discussing the nominees in executive session. The session can last up to an hour, after which they will come back for a public confirmation vote. Just before 4 p.m., the U.S. Senate took a break from discussion on wiretapping to move on judicial nominations. A unanimous confirmation appeared on…

President nominates federal judge for 7th Circuit

January 1, 2008

President George W. Bush has nominated U.S. District Judge Philip P. Simon to the 7th Circuit Court of Appeals in Chicago.

Breaking: Court suspends Marion Superior judge

January 1, 2008

The Indiana Supreme Court has suspended Marion Superior Judge Grant Hawkins from the bench until the court is able to decide his final penalty resulting from a disciplinary action against him.Justices issued an order this afternoon suspending Judge Hawkins with pay, effective today. A second order appoints Indianapolis attorney James Osborn as judge pro tempore until justices issue a final resolution. Osborn was elected this year as a new Marion Superior judge and is slated to take the bench in January.This is the…

Court: business license fee not a tax

January 1, 2008

The Indiana Court of Appeals today affirmed summary judgment for the city of Hammond, where an attorney who practices law there contested an ordinance that would charge a fee to have a business license. The lawyer claimed the fee was tantamount to a tax.In the opinion, David Paul Allen v. City of Hammond, 45A03-0708-CV-372, it states that on July 28, 2005, Allen filed a complaint for declaratory judgment against the city to invalidate the ordinance requiring businesses to have a license….

Court decides Carmel mining case

January 1, 2008

More than a year after hearing arguments in a Carmel mining-regulation case, the Indiana Supreme Court decided Thursday that municipalities can regulate mining and don’t have to rely on a zoning process to do so.The unanimous decision came in City of Carmel v. Martin Marietta Materials, Inc., No. 29S04-0611-CV-469. Justice Frank Sullivan authored the ruling in Carmel’s favor after considering the validity of a 2005 city ordinance exerting control over the 50-year-old mining operation by regulating issues such as the mine’s hours…

Commission OK to rule on territory dispute

January 1, 2008

The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.

Report: Hoosier tort system ‘salvageable’

January 1, 2008

Indiana’s tort system ranks 22nd nationally but is on the way to doing a better job because of laws on the books, according to a comparative study released today by a California research group.The non-profit Pacific Research Institute compared the legal climates of all 50 states’ tort systems in its report U.S. Tort Liability Index: 2008 Report http://special.pacificresearch.org/pub/sab/2008/Tort_Index/. A co-author says the group hopes the rankings will encourage state officials and residents to enact tort reforms, or to enforce and defend…

COA: Collateral estoppel not applicable

January 1, 2008

The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.

Statute must be followed in all CHINS cases

January 1, 2008

The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.

Appeals court in Valparaiso Monday

January 1, 2008

The Indiana Court of Appeals will hear arguments in Valparaiso Monday in a case involving an automobile accident and the statute of limitations to amend a complaint.The panel of Judges John Sharpnack, Nancy Vaidik, and Michael Barnes will be asked to decide in Tim Sinks v. Krista L. Caughey, 49A04-0709-CV-502, whether the trial court erred in denying Sinks’ motion to dismiss and allowing Caughey to amend her complaint. Caughey was rear-ended by a pickup truck, and she relied on the information…

COA: Husband not entitled to judgment relief

January 1, 2008

The Indiana Court of Appeals reversed a trial court order granting a husband relief from judgment because the order modified the parties’ original property settlement, which wasn’t allowed under Indiana Statute or Trial Rule 60(B). In Janet L. Dillard v. Donald S. Dillard, No. 36A01-0712-CV-606, Donald Dillard filed for divorce from his wife, Janet Dillard, in July 2006. The parties agreed in December 2006 to a property settlement, which stipulated the marital home would be sold and Donald would receive 25 percent…

Appellate judges to visit Jeffersonville

January 1, 2008

The three-judge panel of L. Mark Bailey, Cale Bradford, and Melissa May travel to southern Indiana to hear arguments before the Sherman Minton Inns of Court in Jeffersonville on April 9. The judges will hear the case Indiana Department of Natural Resources v. Lake George Cottagers Association, No.76A03-0708-CV-381, at 5:30 p.m. at the banquet hall Kye’s I, 500 Missouri Ave., Jeffersonville. At issue is who owns the land beneath a dam – the state or the Cottagers Association – and who…

COA voids Terre Haute’s 2007 mayoral election

January 1, 2008

The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.

7th Circuit upholds jury award reduction

January 1, 2008

The 7th Circuit Court of Appeals affirmed a District Court’s grant of a motion for judgment as a matter of law on a breach of contract claim, finding a previously granted jury award of damages was based on speculation.

COA: teacher within rights in striking student

January 1, 2008

Relying on caselaw from the 19th century, the Indiana Court of Appeals upheld a trial court’s decision to dismiss a battery charge against a teacher for striking a student in gym class. Judges Patricia Riley and Melissa May agreed with the trial court in State of Indiana v. Paula J. Fettig, No. 49A02-0709-CR-807, that gym teacher Fettig was protected from prosecution because state statute gives authority to school personnel to discipline students. Citing Indiana Code Sections 20-33-8-8(b) and 20-33-8-9, Judge Riley wrote…

Court split on non-compete geography

January 1, 2008

Geography is the main sticking point that has split the Indiana Supreme Court on determining reasonableness of non-compete covenants as they relate to physicians and medical practices.With its 3-2 ruling March 11 in Central Indiana Podiatry v. Kenneth Krueger, Meridian Health Group PC, No. 29S05-0706-CV-256, the court held that employment contracts between doctors and medical practice groups don’t absolutely go against public policy and are enforceable if written reasonably.But views on what’s “geographically reasonable” in the latter part of the holding is what…

COA opts for judicial restraint

January 1, 2008

The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.

COA: Defendant had imperfect, yet fair trial

January 1, 2008

Defendants are entitled to fair trials, not perfect ones, and the imperfections of one defendant’s trial didn’t deprive him of a fair trial, ruled the Indiana Court of Appeals. The court upheld the murder conviction of John Myers II, who was convicted two years ago of killing IU student Jill Behrman in 2000. Authoring Judge Cale Bradford wrote in the 44-page opinion, John R. Myers II v. State of Indiana, No. 55A05-0703-CR-148, the court acknowledges there were certain discrete imperfections at Myers’…

Man can’t collaterally attack sentence again

January 1, 2008

The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.

4.4 million Hoosiers registered to vote

January 1, 2008

ccording to the Indiana Secretary of State’s Web site, Indiana has nearly 4.4 million registered voters, based on information last updated Sept. 27.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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