COA: Judge abused discretion by revoking probation
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
Courts
Articles
7th Circuit: Protective sweep by SWAT team reasonable
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
Disciplinary Commission seeks to suspend Kokomo attorney’s license
The Indiana Supreme Court Disciplinary Commission is investigating the Kokomo attorney who abandoned his law practice last year and left the country.
Attorney reprimand based on association with ‘Law Tigers’
The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.
Court splits over release of college transcript
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
Senators seek candidate to fill Judge Barker’s vacancy
Indiana Sens. Joe Donnelly and Dan Coats have begun the process for selecting a candidate to fill the vacancy coming to the U.S. District Court for the Southern District of Indiana.
Body shops sue insurers, allege push to drive down prices
In a federal lawsuit, 14 Indiana shops accuse State Farm Insurance and competitors of extracting “unreasonable and onerous” concessions on vehicle repair costs.
Northern District seeks magistrate for Fort Wayne division
The U.S. District Court in the Northern District of Indiana is now accepting applications for a full-time magistrate judge in the Fort Wayne division. The Judicial Conference of the United States has authorized the appointment.
Bankruptcy court addresses e-filing, weather issues
The United States Bankruptcy Court in the Southern District of Indiana has posted notice on its website as to how it will handle situations when the electronic case filing system is unavailable or weather creates access issues for customers.
Man knowingly waived right to jury trial on all charges
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
COA: Court should hear petition involving pet daycare
The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.
Judge grants temporary restraining order in same-sex marriage suit
A same-sex couple’s plea that Indiana recognize their marriage was granted Thursday by a federal judge in Evansville, a significant ruling in one of the five separate lawsuits that are challenging the state’s ban on same-sex marriage.
Indy club must pay BMI for DJ’s tunes
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
8 more claim abuses in suspended Clark County drug court
Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.
Councilor: ACLU settlement won’t deter panhandling proposal
The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.
COA affirms order allowing grandparent visitation with deceased son’s daughter
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
Statute requires state to pay attorney fees on inmate’s appeal
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
Justices grant transfer in 2 wrongful death cases
The Indiana Supreme Court will consider whether attorney fees awarded as damages in wrongful death cases from the Indiana Patients Compensation Fund are subject to a 15 percent cap of the total reward. It’s one of two appeals justices accepted last week, both involving wrongful death cases.
Disciplinary Actions – 4/9/14
Read who’s been disciplined and who received a favorable judgment from the Indiana Supreme Court.