Judge rules man on death row not competent to be executed
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
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Judges: Cop shouldn’t have asked driver for license
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
Court reverses adjustment to fire protection territory’s general fund levy
Citing a lack of sufficient factual findings and a public law’s unconstitutionality, the Indiana Tax Court on Wednesday reversed the adjustment made by the Department of Local Government Finance to the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year.
Fort Wayne attorney elected to Judicial Nominating Commission
John O. Feighner, of Fort Wayne, has been elected to serve as the Indiana Judicial Nominating Commission district three representative. He will replace John Ulmer, whose term expires at the end of the year.
Palladium contractors to pay $5.3M to settle suit
The Carmel Redevelopment Commission is headed for a $5.3 million payday after agreeing to settle a lawsuit over defects found in the structural steel web supporting the Palladium’s distinctive domed roof.
Judges reverse drug charges based on constitutional violation
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of “no trespassing.”
Split COA orders trial for woman injured measuring countertop
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
Federal judge approves settlement in Marion County campaign literature case
A federal judge on Monday approved a settlement between the Marion County Election Board and the unslated candidate from whom it confiscated campaign materials in 2012.
Settlement pending in multimillion-dollar Palladium litigation
The defendants in a multimillion-dollar legal dispute over construction defects at Carmel’s tony Palladium concert hall have agreed to settle the dispute, court records show.
Councilors to get peek at justice center plans
Some city-county councilors might get early access to information about a new criminal justice complex, but they have to agree to keep it under wraps.
7th Circuit reverses summary judgment in prison attack lawsuit
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
Failure to object to judge in termination case waives argument on appeal
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
Hearing set on Eagle Creek deer hunt injunction bid
A request for a preliminary injunction to stop a planned deer hunt at Indianapolis’ Eagle Creek Park will get a hearing just days ahead of the scheduled hunt.
Disciplinary Actions – 11/19/14
A St. Joseph County attorney has been suspended indefinitely by the Indiana Supreme Court.
SCOTUS hears case of fisherman caught in Sarbanes-Oxley net
A dispute involving six-dozen undersized fish has a group of legal scholars arguing the federal government’s tendency to broadly interpret the criminal code runs the risk of making everyone guilty of an illegal act.
Adoption case presents issues of first impression
Adoption laws are evolving, as evidenced by a case before the Indiana Supreme Court and a separate push for a pre-birth abandonment bill aimed at biological fathers who don’t support their baby’s mother during pregnancy.
Delay of protection order hearing called ‘disturbing’
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
Language of trust overrides statutes, COA rules
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
Denomination loses appeal in favor of breakaway church
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
Conviction for hit-and-run fatality affirmed
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.