SCOTUS upholds Michigan affirmative-action ban
The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.
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Motions in marriage lawsuits attack non-recognition of same-sex unions
Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.
Assertion of state’s rights may not support same-sex marriage ban
Indiana is contenting that states have the authority to define marriage, but the federal court and the ACLU of Indiana have given little merit to the state’s arguments for maintaining a ban on same-sex marriage.
Defender’s trial strategy trumps inmate’s pro se early-trial request
A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.
Hogsett: Machine gun case most ‘egregious,’ ‘dangerous’ he’s seen
Joe Hogsett on Tuesday announced the maximum penalty was warranted in a felony firearm case he called the most “egregious and dangerous” he’s seen during his time as U.S. attorney for the Southern District of Indiana.
Government drops Conour sentence appeal
The U.S. attorney’s office will no longer seek a longer prison sentence for convicted legal fraudster William Conour, according to documents filed recently in the 7th Circuit Court of Appeals. Conour’s appeal will move forward.
Grandparents lose adoption appeal in first-impression case
Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.
Parallel parenting provision divides COA
In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.
Disciplinary Actions – 4/23/14
Read who’s been suspended recently by the Indiana Supreme Court.
Indiana Judges Association: Judging from the mountaintop
If judges wore wigs in the United States, there might be a marked increase, I say, in public confidence in our courts. Hopefully, it would not be outweighed by any marked increase in public satire, but it could not be any worse than the judge shows now on daytime TV. The public always needs to understand that courts are serious and judges are different. More importantly, it is necessary to understand why.
Ruling may hint at future of Indiana’s marriage law
Although the plaintiffs’ attorneys and the Indiana attorney general both emphasize a federal judge’s temporary order that the state recognize the marriage of one same-sex couple is short-term and limited, the ruling has given gay marriage proponents hope that Indiana’s marriage statute will ultimately be ruled unconstitutional.
From the principal’s office to the courtroom
Stakeholders want educators and courts to collaborate to end the school-to-prison pipeline.
Court video project exposes problems
The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.
Rise of the zombie house
When a bank files a motion to set aside a foreclosure judgment, often the courts consider the filing good news, assuming the lender and the homeowner have reached a settlement. But things aren’t always what they seem, and courts can be at risk of being duped.
Reversal: Neighbors may intervene in environmental cleanup case
Businesses neighboring an Indianapolis industrial property that was forced to clean up hazardous chemicals were improperly shut out of litigation involving the city and state, the Indiana Court of Appeals ruled Monday.
Utica school preservationists win reversal, get day in court
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains
While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions.
Brokers fear criminal justice complex could harm downtown Indianapolis
Creating a new criminal justice complex outside of downtown Indianapolis will mean big changes for the Mile Square, and some real estate brokers think the transition will be painful.
Judges uphold custody award of non-biological child to stepfather
The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.
Judge: Assessor waived objection
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.