Rush takes oath as chief justice
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Monday as the state’s first female chief justice, Loretta Rush said the history in the tomes speak volumes to her.
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Suit alleging unconstitutional school fees fails in COA
A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.
COA: Auditor complied with notice statutes in tax sale
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
Harrison Superior judge resigning, replacement appointed
Harrison Superior Judge Roger D. Davis has informed the Indiana Supreme Court that he is resigning Aug. 23. As a result, Chief Justice Brent Dickson appointed Senior Judge Curtis B. Eskew Jr. as judge pro tempore until a permanent replacement is chosen.
Delayed releases continuing problem at Marion County Jail
Two Marion Superior criminal court judges said Friday they continue to be frustrated by delayed releases of arrestees detained after orders have been signed for their release.
Court affirms boy should stay in Indiana with father
Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.
Father’s lack of parenting experience does not support CHINS finding
The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.
Judges uphold man’s sentence under newer guidelines
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
Court orders man’s records expunged
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
COA affirms belt considered a deadly weapon in domestic battery case
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
Sentencing panel to weigh economic crime penalties
The federal panel that sets sentencing policy announced Thursday that it plans in the coming year to consider changes to sentencing guidelines for some white-collar crimes.
Ex-prosecutor’s official charged in gambling ring
A former chief investigator for a western Indiana prosecutor faces official misconduct and other charges stemming from allegations that he protected a gambling ring from arrest.
Suits in triple-slaying proceeds case move ahead
A former Indiana state trooper shouldn't be allowed to claim all $626,000 in insurance and estate proceeds from the deaths of his wife and two children 14 years ago, even though he was acquitted of their murders, attorneys representing the family members argue in civil lawsuits.
Judge wants Congress to reconsider FDIC’s rights when taking over a bank
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
Security software maker loses trademark case against Warner Bros.
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
Trial court must consider husband’s interest in land in divorce case
The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.
COA finds officer had no reason to make woman sit in squad car after stop
A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
Court orders more proceedings in foreclosure action
An Elkhart County man successfully convinced the Indiana Court of Appeals to reverse the denial of his motion to set aside default judgment in a foreclosure action. The man argued he relied on information from the bank that he could proceed with a short sale and the foreclosure proceeding would be put on hold.
Rush to be sworn in as chief justice Monday
Indiana Justice Loretta Rush will officially become the Supreme Court’s chief justice Monday. Rush, along with current Chief Justice Brent Dickson, will be among those making brief remarks at the swearing-in ceremony.
Church accuses JPMorgan of mismanagement, self-dealing
Christ Church Cathedral in Indianapolis has filed a federal lawsuit against JPMorgan Chase, alleging the bank's "intentional mismanagement" and "self-dealing" led to $13 million in losses in church trust accounts endowed in the 1970s by Eli Lilly Jr.