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Attorneys cannot agree to settlements for clients

The fact a party authorizes an attorney to enter settlement negotiations and knows the negotiations are occurring does not mean that the attorney has authority to approve a settlement, according to a ruling today by the Indiana Court of Appeals. In Carol and David Bay v. Michael Pulliam and Cardinal Transportation, LLC, 49A05-0612-CV-704, the Court of Appeals reversed a Marion Superior Court decision that granted a motion to enforce settlement agreement in favor of Pulliam and Cardinal Transportation. At issue was whether…

Indiana Judicial Center: test validators needed

The Indiana Judicial Center is notifying the legal community that August is the time to apply to help validate a new written test for the Court Substance Abuse Management Specialist credential.A public notice Wednesday set an Aug. 30 deadline for contractors to apply for consideration for this contracting opportunity. A credential is needed for anyone wanting to work for a court-administered alcohol or drug program, and the test gauges substance abuse knowledge.The application and procedure can be found online at http://www.in.gov/judiciary/notices/docs/ijc-pnco-080107.pdf….

Court rules checkpoint unconstitutional

Indiana police officers are not allowed to target specific people when setting up roadblocks and checkpoints, ruled the Indiana Court of Appeals. The court overturned a trial court’s denial of the defendant’s motion to suppress evidence from two police roadblocks created after breaking up a party. In Kenneth Scott King v. State of Indiana, No. 58A01-0704-CR-159, King was at a party to which the police were called. After breaking up the party, police set up two checkpoints to search for impaired drivers…

Court administrator selection nears

Marion County judges are close to deciding who the next court administrator will be, according to presiding Superior Judge Gerald Zore. The four-judge executive committee received about 20 applications for the position and have interviewed five in recent weeks, Judge Zore said. The judges have narrowed the choice to a final applicant and Judge Zore said this morning an offer could be presented as soon as today. The person chosen would likely start in early July, he said. The executive…

Howard County Courthouse to get new security

Two decades after a bomb exploded in the Howard County Courthouse, new security measures are being implemented.County commissioners earlier this week passed new security rules requiring photo identification badges for employees, and metal detectors and X-ray machines at the public entrance. This comes after a decision last fall to use $29,295 of homeland security money for the upgrades and security officers. Certain visitors, including attorneys, can obtain a frequent visitor pass for $50 that allows them to bypass the detectors.Workers will…

Circuit judges commend attorney in opinion

The 7th Circuit Court of Appeals granted an attorney’s motion to withdraw his client’s notice of appeal because the attorney couldn’t find a non-frivolous basis for an appeal. The court also commended the attorney for how he handled the appeal.In U.S.A. v. Alan R. King, Jr., No. 07-2143, King pleaded guilty to stealing government property, loan fraud, false representation of Social Security numbers, and federal student financial aid fraud. The District Court sentenced him to 105 months imprisonment, five years of supervised…

Allen County hosts historic documents

Historic documents in American history are on display this week at the Allen County Courthouse. The original documents, which include the Articles of Confederation, the Lincoln/Douglas debates, and the Habeas Corpus Act, were brought to the courthouse this week in conjunction with the annual conference of state judiciary. The documents are on display in the rotunda of the courthouse, which is a spectacular place to have the works, said Court of Appeals Judge Paul Mathias, who helped to bring the documents…

COA follows sentencing-statement ruling

The first consequence of an Indiana Supreme Court decision three weeks ago relating to sentencing statements can be found in a ruling today from the state’s Court of Appeals.In Sergio Ramos v. State of Indiana, 49A04-0609-CR-482, the court reversed and remanded a Marion Superior case relating to the sentence imposed following a guilty plea to attempted sexual misconduct with a minor. The trial court sentenced Ramos to 10 years executed, but it did not address aggravating or mitigating circumstances.That was wrong,…

COA reverses conviction in trash-search case

The Indiana Court of Appeals reversed a conviction of possession of marijuana with intent to deal, citing an Indiana Supreme Court case that prohibits introducing evidence at trial that was obtained following a police search of trash. The court also ruled the good faith exception does not apply. In Ralph Belvedere v. State of Indiana, 48A05-0611-CR-669, Belvedere appealed his conviction of possession of marijuana with intent to deal and maintaining a common nuisance, arguing the Indiana Supreme Court decision in Litchfield…

Court answers question on subcontractors’ ability to recover

The Indiana Supreme Court today delved into the meaning of “subcontractor” and determined that performance bond coverage for third parties only goes so far.Stemming from a certified question from the U.S. District Court for the Northern District of Indiana, justices considered: “Does a performance bond required by and issued in accordance with Ind. Code §8-23-9-9 afford coverage to a third-tier claimant?”Chief Justice Randall T. Shepard wrote the opinion saying the statute does not afford that coverage, noting that a subcontractor is…

Judges have flexibility on probation violations

If someone violates their probation, trial courts have the authority to modify a part of those probation terms and can add new conditions as they see necessary.The Indiana Supreme Court ruled today in Russell Prewitt v. State of Indiana, No. 10S04-0707-CR-294, arising out of Prewitt’s previous attempted cocaine possession conviction and subsequent probation starting in mid-2005. The state moved to revoke his probation twice within four months for alleged violations, and the trial court determined Prewitt had violated the probation. Clark Superior…

Prosecutors talk about Nifong disbarment

Indiana prosecutors worry about heightened suspicion of charging decisions they make as a result of the high-profile disbarment of a North Carolina prosecutor over the weekend.Talk started months ago as the situation escalated, but banter took a new surge this morning following Michael Nifong’s nationally televised disciplinary proceeding Saturday. He was disbarred for violating professional conduct rules in his prosecution of three Duke University lacrosse players falsely accused of rape.”Around the country and here, prosecutors are talking about the Nifong effect,”…

Committee ready to explore new home for ISBA, ICLEF, IBF

A committee of 10 people is now tasked with finding a new, common home for three pillar organizations of the Indiana legal community.The mission is to find a single facility that the Indiana State Bar Association, Indiana Continuing Legal Education Foundation, and the Indiana Bar Foundation can share.Prior to 2003, all three shared a roof. But the ISBA moved to the fifth floor of One Indiana Square to be on its own, leaving ICLEF and the IBF at 230 E. Ohio…

Justices rule on death penalty case involving stun belt use at trial

The Indiana Supreme Court today affirmed the convictions and post-conviction relief denial for a death row inmate convicted of murdering three people in Evansville in 1996.The 43-page ruling in Stephenson v. State, No 87S00-0106-PD-285 (http://www.in.gov/judiciary/opinions/pdf/04260701trb.pdf), affirms the post-conviction court ;s denial of relief for John Matthew Stephenson, who is sentenced to die for the 1997 convictions of burglary, theft, and the murders of John “Jay” Tyler, his wife, Kathy Tyler, and Brandy Southard relating to a drug-ring operation. He was sentenced…

School-fee case comes to a close – again

Parents who successfully challenged the constitutionality of Evansville school fees have won another victory in Indiana appellate courts, this time relating to attorney fees.The Indiana Court of Appeals issued a 21-page decision today in Frank Nagy, et al. v. Evansville-Vanderburgh School Corporation, No 82A05-0609-CV-488, which involves a new issue stemming from an Indiana Supreme Court ruling last year. The case arose after the local district began charging every student a $20 student-services fee in fall 2002 as a way to make…

Appeals court affirms battery conviction of man who murdered his wife

A man appealed his Class A misdemeanor battery conviction claiming that his wife, who reported to police that her husband hit her and was murdered before the scheduled trial date, was no longer around for him to confront as his accuser and was the only witness to the battery.In Albert Boyd v. State of Indiana, No. 03A01-0701-CR-1, the three-judge panel affirmed the trial court’s conviction. The battery charges stemmed from a physical altercation that the defendant-appellant’s wife, Ruth Boyd, reported against her…

7th Circuit affirms tossing ‘unreliable’ testimony

The 7th Circuit Court of Appeals has upheld a Terre Haute judge’s decision in throwing out expert witness testimony relating to a product liability suit involving the prescription medication Remicade.

Inadmissible evidence leads to new trial

The Indiana Court of Appeals today reversed and remanded for a new trial a case in which a defendant was convicted of fraud on a financial institution and identity deception based on documents that should not have been admitted as evidence. In William J. Speybroeck v. State of Indiana, 20A05-0701-CR-40, Speybroeck appealed his conviction, arguing the state did not properly authenticate business documents pursuant to Indiana Evidence Rule 902(9) and that the trial court abused its discretion by admitting documents into…

Commission chooses 3 finalists

A decision now rests with Gov. Mitch Daniels of who will be the next judge on the Indiana Court of Appeals.After interviewing seven semi-finalists this morning and deliberating this afternoon, the Judicial Nominating Commission chose Dubois Superior Judge Elaine B. Brown, attorney Leslie C. Shively of Shively & Associates in Evansville, and Dearborn Superior Judge G. Michael Witte as finalists for the state’s second highest appellate court.The governor has 60 days to make a decision on who will succeed retiring Judge…

Court reporter finishes transcript, avoids contempt-of-court possibility

A Warrick County court reporter won’t be held in contempt for not finishing the trial transcript in a two-month, triple-murder trial early last year.Warrick Superior 2 employee Mary Kennedy finished typing the transcript by the end of the business day Monday – the last-minute of her three extensions from the Indiana Supreme Court.The eight-week, high-profile trial of David Camm, a former state trooper, concluded in March 2006 with a guilty verdict in the 2000 murders of his wife and their two…