Bail bond issues dominate Commission on Courts meeting
Although charged with only one duty, the Commission on Courts has added the controversial topic of bail bonds to its summer study agenda.
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Judges formalize reaffirmation of City-County Building firearms ban
Marion County judges on Friday formally reaffirmed a 2007 policy banning firearms from the City-County Building. Law-enforcement personnel and judicial officers are exempt from the prohibition.
Search of man, car that led to drug arrest constitutional, COA rules
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
Inmate loses negligence suit on appeal
The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.
COA rules company not entitled to surplus funds under agreement
An Owen Circuit judge erred by granting a Colorado company’s petition to claim surplus funds from the tax sale of property belonging to Ora and Leafie Chambers, the Court of Appeals ruled Thursday. The couple signed an agreement that transferred their right of the surplus funds from the sale of their property to Asset Recovery Inc.
Grants available for CHINS, termination of parental rights projects
The Indiana Court Improvement Program is accepting applications for projects that are designed to improve the safety and permanency of children and families involved in children in need of services and/or termination of parental rights proceedings.
COA finds no error in Class A felony attempted robbery conviction
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
Justices: Order giving grandmother visitation rights is void
Because a grandmother did not have standing under the terms of Indiana’s Grandparent Visitation Statute to pursue visitation, the Indiana Supreme Court affirmed the trial court’s finding that an original order granting visitation is void. The woman wanted to see her two grandchildren whose mother was murdered by the grandmother’s son.
Question remains as to whether son is ‘child’ under Wrongful Death Statute
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
Prisoner adequately stated First Amendment claim against DOC employees
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
COA affirms dissolution of corporation embroiled in family dispute
A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.
Ex-prosecutor candidate wants to resign from bar
An attorney and former Democratic candidate for prosecutor in Gibson County who pleaded guilty to obstruction of justice and possession of child pornography tendered his resignation from the bar during a disciplinary hearing in open court Tuesday.
Attorney disbarred for writing book about client
The Indiana Supreme Court has ordered a Carmel attorney disbarred after finding he wrote a book revealing sensitive information about a former client for his monetary gain.
Justices: Voluntary associations must comply with Wage Payment Statute
The Indiana Supreme Court Tuesday ordered more proceedings on a fired union employee’s complaint seeking payment for unused vacation time. The justices held that she is entitled to accrue vacation pay unless there was an arrangement or policy to the contrary, which is in dispute in this case.
7th Circuit won’t make Indiana rip up section of I-69
The 7th Circuit Court of Appeals on Tuesday rejected environmental activists’ arguments that the U.S. Army Corps of Engineers failed to adequately address impact on wetlands when it issued permits for a recently completed section of Interstate 69 in southern Indiana.
Conviction splits COA in determining actions of a ‘reasonable person’
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
Appeals court cites apparent authority to affirm auction sale
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
Rear-ended motorist found 70 percent liable wins on appeal
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
COA finds argument that documents were ambiguous is really ‘a failure to read’
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….”
Disciplinary Actions – 7/17/13
Read who’s recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.