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.
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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.
2 BLE members reappointed
Indiana Chief Justice Brent Dickson has reappointed Senior Judge Barbara L. Brugnaux and Madison attorney Gary K. Kemper to the Indiana Board of Law Examiners. Their first terms as members expire Dec. 1.
Appellate arguments in cancelled IBM contract set for Nov. 25
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
Judge denies Brizzi’s bid for gag order in malpractice suit
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
Woman’s 35-year sentence upheld following death of stepson
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
Unemployment checks no longer part of summer break, COA rules
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.
Court of Appeals cites snail mail as reason for overturning summary judgment
While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.
‘Marijuana legal elsewhere’ claim no help in parental termination appeal
Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.
Jury finds IMPD officer guilty on all 9 counts
An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.
Trial court errantly suppressed DUI evidence
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
Post-conviction claim allowed in DOC placement change
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
Appeals court affirms revoked probation after test shows marijuana
A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.