Bankruptcy local rules to change Dec. 3
Five local rules of the U.S. Bankruptcy Court for the Southern District of Indiana will be amended effective Dec. 3.
Courts
Articles
Judges order habitual offender enhancement vacated
A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.
10 schools to schedule girls’ basketball on Friday, Saturday nights
By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.
Justices uphold denial of benefits for fired employee
Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”
COA affirms $55k judgment for couple who purchased wind turbine
The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
Judges uphold family has no right of access through neighbor’s property
A family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s property lost before the Indiana Court of Appeals.
Pyle takes oath at robing ceremony
Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.
Court upholds conviction for theft of water heater
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
Justices rescind order amending administrative rules, issue new one
The Indiana Supreme Court has rescinded the Sept. 7 order that set out amendments to Indiana Administrative Rules 5, 7, 8, 9 and 10, and the justices have issued in its place a new order. The changes include the use of senior judges, records that need to be microfilmed, and what court records are excluded from public access.
ISBA members approve of appellate judges up for retention
The Indiana State Bar Association has released results of its 2012 Judicial Retention Poll. None of the six appellate judges up for retention in the Indiana Supreme Court or Court of Appeals received less than 81 percent of “yes” votes.
New Marion County Small Claims rules a ‘change in atmosphere’
A new set of rules for Marion County’s nine township Small Claims courts will make the forums more transparent and put important court information online for the first time, according to the judge overseeing reform efforts.
Indiana justices accept 2 cases
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
Legislative groups to look at surrogate attorneys, funding for correction programs
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
Survey says: retain 2 Lake County judges
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
Bankruptcy court seeks comment on local rules
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
Weinberger sentenced to 84 months in prison
A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
Martin selected as U.S. magistrate judge in Hammond
John E. Martin will succeed Magistrate Judge Andrew P. Rodovich in the Northern District of Indiana’s Hammond Division, the court announced. Rodovich is retiring from the bench.
Court orders BMV to hold hearing on whether felon can get ID
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
Bankruptcy court attempts to clarify order distribution
Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.
Judges reaffirm 2 Weinberger patients’ psychological evaluations
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.