Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1
Amendments took effect Dec. 1 to Rule 45 of the Federal Rules of Civil Procedure. Also, amendments took effect to several of the Southern District of Indiana’s Local Rules.
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Articles
Advocates say justice was delayed, but deal positive for Gingerich
More than three years after 12-year-old Paul Gingerich was improperly sentenced as an adult to 30 years in prison for his role in a killing, he now has a chance to be free at 18 – an imperfect result, advocates say, that nonetheless might be the best possible under the circumstances.
Timing of wrongful death claim disputed
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
Criminal code overhaul shifts focus to sentencing
The exploding prison population was a key motivator for revising the state’s criminal code, but an independent research group has concluded the new statute will cause a quicker increase in the number of inmates.
Support strong for treatment instead of incarceration in the DOC
David Powell, executive director of the Indiana Prosecuting Attorneys Council, strongly believes that addressing drug dependency and mental health issues can reduce the state’s recidivism rate and, in turn, lower the crime rate.
Court erred, twice rejected settlement in covenant case
A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.
Clenched fist and aggressive behavior merit resisting law enforcement conviction
The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground.
Despite objections, molester can’t appeal prior physical abuse testimony
Objections made to a line of questioning at a man’s child molestation trial that he had previously assaulted the victim and the victim’s mother didn’t properly preserve the issue, a Court of Appeals panel ruled Friday in affirming his conviction.
7th Circuit blasts counsel, tosses race-based traffic-stop appeal
An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.
21st Amendment chain blocked from federal cold-beer suit
A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.
Justices decline to apply dollar for dollar credit for Social Security retirement benefits
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
COA finds man knew of protective order and violated it
There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.
Order prohibiting boyfriend from spending time with children too broad
The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.
Conour appeals fraud conviction, 10-year sentence
Former attorney William Conour will appeal his conviction and 10-year prison sentence imposed after he pleaded guilty to a single count of wire fraud.
Embattled judge sorry, proposes 60-day suspension
Marion Superior Judge Kimberly Brown is apologizing for alleged judicial misconduct that resulted in 47 disciplinary counts against her, proposing to the Indiana Supreme Court that she be suspended for two months. She also says her prior defense, including refusing to take a deposition oath, was “ill-advised.”
Sniadecki’s forgery sentence suspended
Rodney P. Sniadecki, the disbarred sole practitioner from South Bend who was found guilty in September of three counts of forgery, received a suspended sentence and probation Wednesday.
Marion County announces plan to build new criminal justice complex
Under a plan announced by city and court officials Wednesday, Marion County’s courts, jails and other offices would be located in one complex instead of spread out around downtown Indianapolis and the county.
Inmate’s negligence suit may continue, court rules
The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.
Jury should decide whether Duke Realty intended to get law partner fired
There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.
Man entitled to homestead deduction on Fountain County property
The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law.