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Indiana District Courts amending local rules

The United States District Court for the Southern District of Indiana has published the amendments made to its Local Rules. After considering the proposed amendments and comments received, changes have been made to several rules including Rule 5.1 – General Format of Documents Presented for Filing, Rule 56.1 – Summary Judgment Procedure, and Rule II – Discipline Imposed by Other Courts. To view all of the changes, visit the District Court’s Web site and click on the “Notice of Amendments to…

Women’s rights expert to speak at Valpo

Women’s rights around the world will be the topic of the 25th Annual Edward A. Seegers Lecture, “Women’s Status, Men’s States,” March 28 at Valparaiso University School of Law.

Senior judge accused of misconduct

The Indiana Commission on Judicial Qualifications has filed five charges against a senior judge and former LaPorte Superior Court judge, alleging he violated ethics rules while serving as an elected judge.

Immigration, foreclosure training in December

The Neighborhood Christian Legal Clinic, Heartland Pro Bono Council, and the Indianapolis Bar Association have partnered to provide volunteer training for attorneys who would like to help those in the community with bankruptcy and mortgage foreclosure or immigration issues.

Justices grant five transfers

The Indiana Supreme Court has accepted five new cases. At its weekly conference Aug. 28, justices granted transfer in two civil cases, two criminal cases, and a tax court case. • Brenda and Darren Wagner v. Bobbi Yates, et al., No. 22A01-0710-CV-474: An underinsured motorist policy case from Floyd County. The Court of Appeals in April affirmed the lower court’s granting of a motion for summary judgment in favor of American Standard Insurance Company of Wisconsin, the Wagners’ automobile insurer. The court ruled that American Standard can set…

SCOTUS sets date for second Indiana case

The Supreme Court of the United States will hear its second case this term from Indiana on March 26, considering whether a defendant found competent to stand trial should also be allowed to represent himself.Justices granted certiorari in December for Indiana v. Edwards, No. 07-208, which follows an Indiana Supreme Court ruling in May 2007. The case stems from a July 1999 downtown Indianapolis incident in which Ahmad Edwards was caught on surveillance tape stealing shoes. He ultimately shot at police multiple…

Delaware Circuit judge resigns

A Delaware County judge is resigning more than a month after the Indiana Judicial Qualifications Commission initiated an investigation of his business interests and judicial obligations.Delaware Circuit Judge Wayne J. Lennington announced his resignation in a letter to Gov. Mitch Daniels last week. The judge did not return telephone calls from Indiana Lawyer, but he told media in Muncie that he wasn’t resigning because of the investigation and had informed the commission that “health reasons” prompted his resignation.His resignation takes effect…

COA: Parental rights should be ended

The Indiana Court of Appeals reversed a trial court's decision to continue the parental rights of two incarcerated parents, finding it to be in the child's best interest to sever the rights because the parents possibly won't be released from prison for two more years.

District judge’s robing ceremony Friday

Hon. William T. Lawrence, the newest judge in the U.S. District Court for the Southern District of Indiana, will be formally sworn in tomorrow at the federal courthouse in Indianapolis.

Courts weigh in on sex-offender restrictions

A city’s law prohibiting registered sex offenders from visiting parks or recreation areas is likely on its way to the Indiana Court of Appeals in what a civil liberties attorney said could be the first appellate case of its kind in the country.A ruling from Hendricks Superior Judge Robert Freeze March 14 upholds a Plainfield ban of sex offenders in parks and recreational areas, finding the six-year-old local ordinance constitutional and not in violation of any guideposts established by the state…

Evening visits don’t count toward credit

Overnight visits must take place overnight in order to be used in a claim for parenting time credit under the child support guidelines, ruled the Indiana Supreme Court Aug. 19. In Marla K. Young v. Timothy S. Young, No. 09S05-0803-CV-136, the high court addressed whether evening visits could be credited as overnight visits when calculating child support. Timothy Young was awarded 104 overnights, including 52 which were for two additional evenings per week he spent with their kids. But evening visits shouldn’t…

Update: Transfer denied in early-voting case

The Indiana Supreme Court has denied a request from two Lake County Republicans to hear an appeal challenging an order to keep early-voting satellite locations open.

Inmate matters, court provisions signed into law

Bills about the discharge of long-term inmates, judges’ pensions, and various provisions concerning courts were among the remaining 33 bills sent to the governor’s office that were signed into law yesterday.SEA 258 deals with the discharge of long-term inmates, GPS monitoring of certain sex offenders, and the conditions for probation or parole of a sex offender.SEA 329 allows full-time magistrates on or after July 1, 2010, to become participants in the judges’ 1985 benefit system; increases the court administration fee from…

COA upholds violent offender registration

The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life.

Morgan County Courthouse damaged, closed

The Morgan County Courthouse is closed today as a result of damage sustained by high winds from Tuesday’s storm, and a courthouse disaster plan mandated by a new state rule has been kicked into gear for the first time.North and west sides of the courthouse’s roof were heavily damaged in the storm. One half of the roof has been blown completely off, including the tresses and some of the brick wall it was attached to, said Jeff Neal, director of Morgan…

Judges differ in small claims court action

The Indiana Court of Appeals affirmed a trial court's decision that the plaintiff had standing to file a small claims notice against his bankruptcy attorney, but the judges disagreed on whether the court erred in denying the attorney's motion for a change of judge.

Hoosier bankruptcy filings among highest

Bankruptcy filings have increased so much in Indiana that some U.S. trustees handling Chapter 7 proceedings may want to add an extra session each month to hear new cases.Attorneys statewide are seeing more clients from an uptick in filings, and as a result are not surprised to hear that federal filings across the country surged 38 percent in 2007. Nor are they surprised that Indiana ranked fourth highest in the nation overall and top in the country for the number of…

Court: media ban does not pass test

The 7th Circuit Court of Appeals reversed a District Court grant of summary judgment in favor of the defendants, ruling there were genuine issues of fact as to why they denied death row inmates from giving face-to-face interviews with the media. In David Paul Hammer v. John D. Ashcroft, et al., No. 06-1750, Hammer sued Bureau of Prison officials, including then-Attorney General of the U.S., John Ashcroft, and former wardens of the federal prison in Terre Haute, Harley Lappin and Keith…

Supreme Court grants 3 transfers

The Indiana Supreme Court granted transfer Thursday to three cases that involve amending charging information after the omnibus date, police questioning about drugs during a routine traffic stop, and consolidating a preliminary injunction hearing with a trial on the merits without notice. In Michael Hill v. State of Indiana, No.49A02-0701-CR-110, the appellate court affirmed the trial court didn’t err by allowing the state to amend the charging information to add the attempted sexual misconduct with a minor charge after the omnibus date….