Massa mum on Rockport recusal
One of the first cases on the Indiana Supreme Court’s fall oral argument calendar also could be among its most controversial and biggest in terms of potential dollars at stake.
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Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Brizzi hit with another legal malpractice suit
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office. White’s lawsuit makes a claim of legal malpractice.
7th Circuit seeks comment on pattern jury instructions
The 7th Circuit Court of Appeals Committee on Federal Jury Instructions is seeking comments on an ongoing basis on existing pattern jury instructions as well as suggestions for new pattern instructions.
Judge issues gag order in Bei Bei Shuai case
The judge in the case of a woman charged with murder and attempted feticide in the death of her newborn daughter on Friday ordered prosecutors, defense attorneys and others involved in the case not to speak about it outside court.
Attorney’s report alleges trucking school small-claims abuses
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
Bankruptcy Court revises Chapter 13 plan model form
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court’s website and may be used immediately.
Blogger attorney’s disciplinary commission hearing to be public
Indianapolis attorney Paul Ogden’s hearing next week before the Indiana Disciplinary Commission will be open to the public after he waived confidentiality that’s customary in such proceedings.
Judges disagree on whether Rhode Island law applies in wrongful death case
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
7th Circuit addresses ‘khat’ convictions for first time
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
Sex offender not eligible to participate in county diversion program
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
‘Am I going to need an attorney?’ is not request for attorney, rules COA
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
COA orders court grant petition to set aside tax deed
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
7th Circuit: Attorney’s deficient performance prejudiced defendant
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
COA: Police escort into home does not violate 4th Amendment
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
Judge: Continuing current sequestration cuts would be ‘devastating’ to justice system
A federal judge implored a Senate panel Tuesday to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.
COA: Court must hold another hearing on custody
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
Appeals court orders more proceedings in pulley lawsuit
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
ACLU files suit over denial of prisoner’s request to pray in group
The American Civil Liberties Union of Indiana announced Monday that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.
Public safety chief to address Marion County probation staff
Indianapolis-Marion County Public Safety Director Troy Riggs will be among the featured speakers for an event Wednesday honoring staff of the county probation department.