Judges say evidence supports a retrial
Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.
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Man didn’t prove ex-wife misappropriated child support payments
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
Former Lake County clerk’s convictions upheld by 7th Circuit
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
Zoeller moves to strike Ritz’s suit against Board of Education
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
Jury finds David Camm not guilty of murder
After 13 years and three murder trials, David Camm has been found not guilty of murdering his wife and two young children.
Bankruptcy court staff cuts starting to impact customers
The United States Bankruptcy Court for the Southern District of Indiana cut an additional eight positions from its clerk’s office at the end of September, according to an update posted online from Chief Judge James Coachys. The court had already cut six positions in the beginning of the year.
Overwhelming evidence of guilt trumps defendant’s post-conviction claims
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
COA once again rules guardians have no authority to file for divorce
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
Court upholds 2-year suspension of teacher’s license
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
Court of Appeals names Nancy Vaidik as next chief judge
The Indiana Court of Appeals of Indiana has selected Judge Nancy H. Vaidik to succeed Judge Margret G. Robb as the court’s next chief judge. Vaidik’s three-year term of office will start Jan. 1, 2014.
Judge: better to assess defendant under mental health law, not criminal one
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
Proposed changes to fee schedules in Allen County open to public comment
Allen Superior Court is, again, offering for public comment proposed changes to the fees for its alternative court programs.
7th Circuit blasts lawyers in reinstating malicious prosecution suit
A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.
Judges persuade Commission on Courts to reject bail bond proposal and review use of psychologists
Proposed legislation regarding bail bonds died Oct. 21 in the Indiana General Assembly’s Commission on Courts hearing after Indiana Supreme Court Chief Justice Brent Dickson raised concerns about constitutionality and legislative overreach.
Library may go after contractors for cleanup costs outside building
A diesel fuel leak in the basement of the main library branch in Fort Wayne spread to neighboring property, leading to more than $490,000 in cleanup bills. The Court of Appeals ruled Tuesday the library may pursue recovery against contractors it argues are responsible for the leak.
Disciplinary Actions – 10/23/13
Read who’s been suspended or publicly reprimanded recently by the Indiana Supreme Court.
Federal Bar Update: Rule requires advance service of non-party document requests
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
Bell/Gaerte: 3 things to know about the right to silence after Salinas
James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court’s decision on the right to remain silent.
COA finds mechanic’s lien statute requires only substantial compliance
The homeowner’s lawyer seeks rehearing, arguing that differing names between the pre-lien and mechanic’s lien makes the lien invalid.
Conour’s 10-year sentence disappoints victims
Judge says the former attorney’s theft of nearly $7 million from clients casts a shadow over the legal profession.