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Court reverses COA decision in zoning issue

The Indiana Supreme Court affirmed that both the Board of Zoning Appeals of Evansville-Vanderburgh County and trial court were correct in denying the construction of a cellular tower that would be located too close to a residence under a county zoning code.In St. Charles Tower, Inc. v. Board of Zoning Appeals of Evansville-Vanderburgh County, 82S01-0702-CV-69, the state’s highest court yesterday overturned the Court of Appeals ruling that found the BZA’s decision to deny St. Charles the special-use permit was not supported by…

Court reverses probation revocation

A mapping system showing a potential day-care center near a residence wasn’t enough to convince to the Indiana Court of Appeals that a Marion County sex offender’s probation should be revoked for staying at the residence one night.The court unanimously ruled today in Clinton Carden v. State of Indiana, 49A02-0608-CR-700. Marion Superior Magistrate Nancy Broyles had revoked Carden’s four-year probation that was a result of his 2001 guilty plea to one felony count of child molesting and part of his overall…

7th Circuit rules on garnished ‘Sidewalk Six’ money

One of East Chicago’s so-called “Sidewalk Six” convicts is the subject of a 7th Circuit Court of Appeals ruling today, though the case more accurately centers on the $25 million in restitution he was ordered to repay and whether those garnishments should be considered marital assets during his subsequent divorce proceedings.

7th Circuit upholds conviction

The 7th Circuit Court of Appeals affirmed a defendant’s conviction and sentence for selling a firearm to a felon, ruling the wording of his indictment did not require the government to prove he knew about the gun buyer’s past convictions

High court adopts ‘substantial trustworthiness’ test

The Indiana Supreme Court has adopted a “substantial trustworthiness” test to determine the reliability of hearsay evidence in probation revocation hearings.A 5-0 decision came today in George Reyes v. State of Indiana, 01S02-0612-CR-495, which comes from Adams Circuit Court and involves a man once convicted and imprisoned for aggravated battery. Reyes began probation in 2000 after his release from prison, but in February 2005 his probation officer filed a violation petition because Reyes tested positive for marijuana. An agreement with the…

Courts weighing execution, mental illness

Execution and the mentally ill continue to be topics before the courts.The Supreme Court of the United States will hear arguments Wednesday in Panetti v. Quarterman, No. 06-640, a Texas case that asks whether it violates a constitutional ban on cruel and unusual punishment to execute a delusional inmate who does not understand why he is being put to death.That case is one that Indiana Supreme Court justices are closely watching to decide how they ;ll handle a condemned man ;s…

Court clarifies where tax disputes belong

General jurisdiction courts don’t have the authority to consider cases involving tax law or the Department of Local Government Finance, and the Indiana Court of Appeals says it also doesn’t have the authority to remand those cases to the Indiana Tax Court.An appellate panel made its point clear in an opinion on rehearing today in Wayne Township, Marion County, Indiana v. Indiana Department of Local Government Finance, and Martha Womacks, Marion County Auditor, No. 29A05-0611-CV-661. This comes as a clarification and…

Excise tax allowed on couple’s marijuana

The Indiana Tax Court granted summary judgment in favor of the Indiana Department of State Revenue in a controlled-substance excise-tax case, ruling Monday that charging the tax does not apply to Indiana’s joinder and successive prosecution statutes.In John David Harrison and Jennifer A. Harrison v. Indiana Department of State Revenue, No.49T10-0409-TA-44, the Harrisons appealed the final determination of the Department of State Revenue, which assessed them with a controlled-substance excise tax (CSET) on the nearly 6,500 grams of marijuana police found in…

Firms focus on agriculture, energy, climate policy

Two Indianapolis firms are forming new practice groups to focus on agriculture, energy, and climate-policy issues.Baker & Daniels is assembling an energy and climate policy group of about 10 attorneys with experience in legal areas such as anti-trust, Securities and Exchange Commission, intellectual property, and tax law, according to attorney Terry Hall who will head the group with a colleague in Washington, D.C.The firm has been working for about 18 months on forming the group, and its creation comes at a…

ND professor speaks on NPR about Supreme Court

Among Chief Justice John Roberts’ first full term highlights were a number of decisions on race and public schools, free speech, and abortion. Richard W. Garnett, the John Cardinal O’Hara, CSC associate professor of law at Notre Dame University participated in a discussion with two other leading U.S. Supreme Court watchers in front of a live audience at the National Constitution Center in Philadelphia.The July 10 event analyzed highlights of the latest term of the Supreme Court and addressed the question,…

Court revises sentence to fix double jeopardy issue

Appellate courts must frequently address claims from convicted criminals that counsel was ineffective, sentences are unreasonable, or that the charges violate double jeopardy.Rarely does the state concede that convictions violate double jeopardy principles, as happened in a case decided Tuesday by the Indiana Supreme Court.In Chad E. Strong v. State of Indiana, No. 20S03-0612-CR-529, the Indiana Attorney General’s Office acknowledged the defendant’s claim that two convictions – one for murder and another for neglect of a dependent resulting in the same…

High court hears 2 cases

Justices heard arguments this morning on two cases, one asking whether mayors have veto power over certain zoning variances approved by local officials.First arguments before the Indiana Supreme Court came in Heidbreder, Inc. v. Board of Zoning Appeals of the City of Crown Point, 858 N.E.2d 1999 (Ind. Ct. App. 2006). The Court of Appeals in December reversed the trial court in its decision involving a special-use variance request. The case stems from a request by Heidbreder to locate a concrete…

Split court reinstates death sentence

The Indiana Supreme Court has reinstated the death sentence for a Vanderburgh County man who a lower court judge found was mentally retarded and should be sentenced to life without parole for the killing of his wife and two young children.A split court issued the 19-page opinion today in State v. Paul M. McManus, No. 82S00-0503-PD-78, with Justices Ted Boehm and Robert d. Rucker dissenting from the majority of Chief Justice Randall T. Shepard, and Justices Brent Dickson and Frank Sullivan.McManus…

Committed defendant can be charged

The Indiana Court of Appeals reversed and remanded a pre-trial motion to dismiss a pending felony criminal recklessness charge against a defendant, ruling the length of time incompetent defendants are committed to a mental health institution does not allow for dismissal of charges. In State of Indiana v. Charlene Davis, 49A02-0706-CR-545, the state argued the trial court did not have the legal authority to dismiss a Class D felony criminal recklessness charge against Davis. Davis was found to be incompetent to stand…

International law lecture Monday

“Poodles and Bulldogs: the U.S., Britain and the International Rule of Law” is a public lecture by Philippe Sands, Indiana University School of Law – Bloomington’s 2007 Addison C. Harris Lecturer, to be presented in the Moot Court Room at noon Sept. 24. A reception will follow.Sands is professor of law at University College London. A practicing barrister, Sands has extensive experience litigating cases before the International Court of Justice, the International Tribunal for the Law of the Sea, the International…

Indiana Black Expo offers look at legal world

Visitors to the Indiana Black Expo this weekend will have a chance to see how being a lawyer is cool.Aside from games, giveaways, and the usual expo events, mock trials will be part of the Indianapolis Bar Association’s booth during the final weekend of this year’s expo, which is Friday through Sunday.For two hours each afternoon, teens from Reach for Youth’s Teen Court program will conduct the mock trials, serving as judge, jury, attorneys, and the accused. Audience participation will also…

Law school announces directors, meeting

A proposed law school for Indianapolis, the Abraham Clark School of Law, has selected its board of directors and set its next informational meeting.The board is composed of attorneys Jerrold Abramowitz, Richard Bash, Susan Williams, and Patrick Brown; Greg Kranz, who is in the information technology field; and Sonja Brown, a business owner and part-time legal assistant. Mark Montefiori is the founder and director of the law school with 13 years of experience in higher education. There is also an informal…

Court criticizes appellate attorney for not citing material

The Indiana Court of Appeals has affirmed a lower court’s decision that a man convicted of felony forgery must submit a DNA sample.But that’s only part of today’s seven-page decision in James Keeney v. State of Indiana, No. 21A01-0611-CR-495, which goes on to admonish an appellate attorney who filed a brief with uncited material.In this case, Keeney challenged last year Fayette Circuit Judge Daniel Pflum’s order, which said Keeney needed to submit a DNA sample after pleading guilty to forgery and…

Court rules on Merit Board election

The Court of Appeals ruled today that John Buncich can retain his elected position on the Lake County Sheriff’s Merit Board. In Lake County Sheriff’s Merit Board v. John Buncich, et al., the court affirmed the trial court’s decision in favor of Buncich’s complaint for declaratory judgment and preliminary injunction, and in the alternative a temporary restraining order to prevent a new election. Buncich ran for a vacant position on Lake County Sheriff’s Merit Board in June 2006 and received 83…