Judicial nominating commission vote extended to Dec. 3
Because an untold number of attorneys eligible to vote for a lawyer member of the Judicial Nominating Commission didn’t receive ballots in the mail, the voting deadline has been extended.
Courts
Articles
Partially bifurcating trial prevented prejudice
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
Justices affirm dismissal of Logansport power plant suit
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
Possible improper use of risk assessment in sentencing not enough for remand
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
Justices affirm rejection of tendered jury instruction
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
Drug-dog sniff after traffic stop was rightly suppressed
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
Increased bail is abuse of discretion, panel rules
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
COA rules preliminary injunction wrongly extended noncompete agreement
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
Justices to hear convictions reversed due to prosecutor’s arguments
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
Judge rejects interlocutory appeal in Marion Superior judiciary challenge
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
7th Circuit blocks Obamacare ‘contraception mandate’
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
Allen County courts join forces to establish new veterans’ court
Allen County will gavel in its veterans’ court Nov. 12 and join a growing list of Indiana jurisdictions creating the problem-solving court especially to serve military veterans.
7th Circuit case docketing fees increasing Dec. 1
Beginning Dec. 1, it will cost an extra $50 to appeal a case to the 7th Circuit Court of Appeals. Notice of appeals, as well as petitions for review/applications for enforcement and writ of mandamus, will cost $500.
Attorney voting for Judicial Nominating Commission to be extended
The voting process to select a lawyer representative to the Judicial Nominating Commission by more than 7,400 eligible attorneys will be extended due to an undetermined glitch that resulted in some lawyers not receiving ballots.
Delayed jail releases common, says witness in judge’s discipline case
A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.
COA reverses summary judgment in complaint to recover credit card debt
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
Judges uphold 54-year sentence of man who asked women to take pics of kids
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
Criminal code committee still trying to answer funding and sentencing questions
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
COA holds law firms are judgment creditors, owe restitution
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.