Judge argues for suspension, not removal
A Marion Superior judge who's been suspended from the bench pending a final decision from the Indiana Supreme Court believes his penalty should fall somewhere between a public reprimand and removal.
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Future SCOTUS justices topic of event
With at least two anticipated vacancies on the United States Supreme Court within the next four years and numerous more vacancies at the Circuit and District Court levels, President-Elect Barack Obama will possibly appoint two U.S. Supreme Court justices in his first term in office.
Judge: Sex offender law goes too far
Those registered sex offenders who’ve served their time and are no longer on probation or under court supervision cannot be required to give blanket consent to authorities for home and computer searches, the U.S. District Court Southern District of Indiana’s chief judge ruled late afternoon on June 24.U.S. District Judge David F. Hamilton in Indianapolis struck down a major portion of a new law set to take effect July 1, which would have required all convicted sex offenders to agree to…
Governor appoints Bluffton judge
Gov. Mitch Daniels appointed a new Bluffton City Court judge Feb. 28, choosing a retired car dealership owner. Robert J. Bate succeeds Judge Gary Markley, who resigned Jan. 15.Bate was owner and president of Bob Bate Chevrolet Inc. in Ossian from 1979 to 2000. He was elected five times to serve on the Bluffton City Council between 1987 and 2007. Bate’s appointment is effective immediately.
Court not ready to create paralegal rule
The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.
IU Law class receives national recognition
A class designed and taught by an Indiana University School of Law – Indianapolis associate professor has been recognized as a model by a national anti-trafficking group.Associate professor Karen E. Bravo created the course, “Illicit International Markets,” which was selected by The Protection Project of John Hopkins University as a model for scholars in and outside the U.S. on how to integrate the issues of human trafficking into a higher education course. Bravo’s course syllabus will be posted online by The…
Technical glitch, now fixed, hits revised opinions
Attorneys who logged on this morning to the Indiana Judiciary Web site to read and print opinions were met with a challenge: you could view, but couldn’t print.The first Court of Appeals opinions of the New Year were password protected and locked so that people accessing the online opinions were unable to print them.That was an internal, unintended glitch and the problem’s been resolved, according to Supreme Court Administrator and Appellate Clerk Kevin Smith.The opinions posted earlier this morning disappeared temporarily…
Board to vote on top public defender
The Marion County Public Defender Agency’s governing board plans to choose on Wednesday the person it wants to be the county’s next chief public defender.A public meeting is scheduled for 11:45 a.m. in Room 260 of the City-County Building at 200 E. Washington St. The nine-person board plans to conduct final interviews with Indianapolis defense attorneys Robert J. Hill Jr. and Eric K. Koselke, who are vying to succeed David E. Cook who’s leaving the agency for private practice.In late February,…
Non-violent orders challenged
The Indiana Coalition Against Domestic Violence with the assistance of pro bono attorneys in Baker & Daniels’ Indianapolis office filed notice of appeal July 22 for two non-violent contact orders issued in Marion County. The non-violent distinction means that the respondent can have contact with the petitioner as long as it isn’t violent contact. Earlier on the same day in Indianapolis, Carl Wills allegedly killed his ex-wife, April Wills, her boyfriend, and then killed himself. Records show that Carl had a history of…
Judge declines to interfere with voter ID law
A federal judge in Indianapolis won't interfere with the state law requiring voters to show photo identification at the election polls.
Special masters named in senior judge’s case
The Indiana Supreme Court has named three trial judges to serve as special masters in the disciplinary action against Senior Judge Walter P. Chapala, formerly of the LaPorte Superior Court.
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.
Plea agreement spurs lawyer to resign
An Indiana attorney who accepted cocaine from a client as payment for legal services has resigned from the bar.
State bar considering animal law section
The Indiana State Bar Association is seeking input from members on the possible addition of an animal law section.
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.