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Court rules on med mal statute of limitations

The Indiana Court of Appeals today reversed and remanded to Lake Circuit Court a medical malpractice case, holding that it is unconstitutional to apply the state statute’s “occurrence-based” nature to the man suing a surgeon.In Victor Herron v. Anthony A. Anigbo, M.D. http://www.in.gov/judiciary/opinions/pdf/05230712jsk.pdf , No. 45A03-0608-CV-378, the three-judge panel ruled the trial court erred in concluding that Herron’s discovery date allowed for sufficient knowledge to discover the malpractice.The suit stems from Herron’s fall outside his home and his admittance to a…

Public defenders could see change in St. Joseph County

The public defender system in St. Joseph County could be up for an overhaul as soon as July.County officials have given a favorable recommendation to ordinances revamping the system, action that comes on the heels of a presentation by Circuit Judge Michael Gotsch earlier this week. If the county council approves the measures at its June 12 meeting, the changes would take effect for the second half of the year.Under the proposal, the county could hire 10 more public defenders, which…

Judge: Parents must pay fees in frivolous suit

Two parents challenging a new school-uniform policy in Anderson lost their legal battle in August after a federal judge dismissed the case. This week, parents Laura and Scott Bell have been ordered to pay attorneys’ fees and court costs of approximately $40,931 to defendants Anderson Community Schools and the board of trustees.U.S. District Judge John D. Tinder issued the order Thursday, recounting reasons for ruling in favor of the school district four months ago and issuing a note of caution for…

Juvenile entitled to separate hearing

The Indiana Court of Appeals reversed a juvenile court judgment after ruling the court improperly incorporated the record of a child hearsay hearing into the fact-finding hearing. In L.H. v. State of Indiana, No. 49A04-0701-JV-45, L.H. appealed his conviction in juvenile court of child molesting, a Class C felony if committed by an adult, and battery, a Class B misdemeanor if committed by an adult. In 2006, the then 12-year-old was accused of inappropriately touching his 8-year-old cousin, A.H., over the course…

Second appellate judge vacancy nearing

Indiana Court of Appeals Judge John T. Sharpnack has officially announced his last day will be May 3, 2008, and the process to appoint a successor will begin in the coming weeks.Judge Sharpnack plans to stay on with the appellate court as a senior judge following his leaving the bench, which comes just days before his 75th birthday and mandatory retirement. He is the second appellate judge in a year to leave the court; Judge Patrick D. Sullivan ended a 38-year…

Court tosses property assessment suit

The Indiana Tax Court has dismissed a lawsuit challenging the constitutionality of the state’s property tax assessment system because the petitioning taxpayers didn’t exhaust their administrative options.Indiana Tax Judge Thomas G. Fisher ruled Nov. 9 in Mel Goldstein, et al. v. Indiana Department of Local Government Finance, et al., No. 49T10-0709-TA-45, which was brought by 14 taxpayers and 10 citizen groups from across the state.Indianapolis attorney John Price filed the suit in September on behalf taxpayers statewide pushing for tax reform,…

Court reverses motion-to-dismiss denial

The Indiana Court of Appeals reversed the denial of a defendant’s motion to dismiss because he was improperly subjected to successive prosecutions prohibited under Indiana Code 35-41-4-4. In Virgil Lee Haywood, Jr. v. State of Indiana, 48A02-0612-CR-1131, police approached Haywood after an alleged drunk-driving incident. Haywood’s child was in his car, and he smelled of alcohol and failed several field sobriety tests. Haywood struggled with police and kicked an officer in the leg while refusing to sit in the back a police…

Death penalty fairness discussed Sept. 26

Evaluating fairness and accuracy in state death penalty systems will be the topic of discussion on Sept. 26 at noon at Baker & Daniels, 300 N. Meridian St., Suite 2700, Indianapolis. The Indianapolis Lawyer Chapter of the American Constitution Society will sponsor the talk, which is free and participants are welcome to bring a brown bag lunch. Drinks will be provided.The featured speakers are co-authors of “The Indiana Death Penalty Assessment Report” Joel Schumm and Paula Sites. Schumm is clinical associate…

Court rules on privatization, public bidding

The Indiana Court of Appeals ruled today that state officials violated the law by not adhering to the public bidding process when privatizing a Fort Wayne development center two years ago.In Anita Stuller, et al. v. Mitchell Daniels Jr., et al., 02A05-0601-CV-22, the court unanimously reversed and remanded the case to Allen Superior Judge Nancy Boyer with instructions to hold a hearing to determine if a preliminary injunction should be granted.The 27-page opinion points out that Judge Boyer misinterpreted a state…

Historical marker will commemorate slavery case

Anyone wanting a taste of how Indiana Supreme Court justices decided on slavery issues in the late 19th century can travel to northern Indiana next week.On Aug. 25, a state historical marker is being dedicated in recognition of Graves et al v. Indiana, which stemmed from the 1847 capture of a fugitive slave in Bristol and a later justice of the peace ruling that freed the slave. An Elkhart Circuit judge convicted the three men the following year for causing a…

Sex offender wants to return to his home

A convicted sex offender in Lafayette is asking a judge to allow him to move back to his home. The man, referred to as John Doe in court documents, is required to relocate because of a state law that took effect in 2006. The law prohibits sex offenders from living within 1,000 feet of a school, public park, or youth program center. The plaintiff was convicted of child molestation in 1988 and released from the Indiana Department of Corrections in 1992….

Lake County judgeship finalists forwarded to governor

Gov. Mitch Daniels is now considering three finalists for a Lake County judicial seat left open by the March death of Superior Judge Robert Pete.The Lake County Judicial Nominating Commission selected the finalists out of 23 attorneys vying for the spot and sent those names to the governor Wednesday. Finalists are: Lake Superior Court Magistrate Kathleen M. Belzeski; Calvin D. Hawkins, a U.S. bankruptcy trustee and an attorney in Gary; and Christina J. Miller, a former Lake Circuit Court magistrate and…

7th Circuit rules on police chase violations

Police chases do not violate the Fourth and 14th Amendments when the officers involved do not intentionally and forcibly halt the fleeing subject, according to a ruling today by the 7th Circuit Court of Appeals.

COA orders retrial in self-defense case

The Indiana Court of Appeals determined a Marion County judge wrongly excluded evidence corroborating an Indianapolis man’s self-defense claim and has ordered a new trial on a voluntary-manslaughter charge.In Terrance Hood v. State of Indiana, No. 49A02-0703-CR-242, the appellate court reversed and remanded to Marion Superior Judge Tanya Walton Pratt’s courtroom a case involving an August 2005 shooting outside a liquor store.As Hood exited the store, a vehicle nearly crashed into him and he got into an argument with the driver. That…

Don’t forget: Rotunda filing, security changes start today

The process for after-hours legal filing changes today as a result of new security being implemented at the Indiana Statehouse in Indianapolis.North doors of the building will be locked at 5:30 p.m., and the Capitol Police desk at that entrance will not be staffed. The Clerk of the Courts and Department of Administration installed a drop box for filings to be placed, according to according to Supreme Court Administrator and Clerk of the Appellate Courts Kevin Smith.Security measures for the entire…

Court decides Carmel annexation case

Carmel has another appellate win on the issue of annexation after an Indiana Court of Appeals ruling today.The state’s second-highest appellate court decided that the city adequately proved it could afford to annex part of a nearby community into its municipal borders, and that a Hamilton County judge erred in auditing a financial plan and ruling in favor of the remonstrators.The unanimous decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578, comes not even a month after…

Juvenile reception center begins pilot period

The Marion County Juvenile Detention Facility has hit what some consider its lowest population in at least 12 years, evidence that a risk assessment tool implemented about two months ago is working. A new reception center may lower those numbers even more. Earlier this week, the Marion Superior Court announced the population was at 98 – below the facility cap of 144 that was often filled prior to the recent changes. The number had increased to about 118 on Wednesday but…

15 apply for Court of Appeals opening

Six trial court judges, seven attorneys, one state senator, and the head of the Indiana Prosecuting Attorneys Council are vying for a seat on the state’s second-highest appellate court.

September conference focuses on courts-Congress relationship

Attorneys are already coveting a spot at a September conference on the relationship between Congress and the courts, which will include an appearance by U.S. Supreme Court Justice Samuel A. Alito Jr. and multiple other well-known jurists and public officials.However, registration doesn’t begin until Thursday.Limited to the first 150, the Sept. 14 conference titled “Relations between Congress and the Federal Courts” is sponsored by the Indiana State Bar Association. Justice Alito will be the keynote speaker; joining him will the chief…