Divided court affirms sentence that exceeds statutory authority
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
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Attorneys discover predictive coding
In the world of searching for relevant documents in the recesses of email inboxes and hard drives, a new high-tech tool has appeared that, despite causing trepidation among some attorneys, will likely become commonly used during the discovery process to tame the growing volumes of data.
Disciplinary Actions – 10/12/12
Read who’s had his license revoked and who has been suspended by the Indiana Supreme Court.
Proposal would create umbrella commission for legal aid providers
A proposal before the Indiana Supreme Court could change the landscape for those who provide civil legal aid and pro bono service.
Death penalty foe Foster pumps up federal defenders
Taking charge at Indiana Federal Community Defenders Inc. in the Southern District, Monica Foster’s seeking, and getting, bigger caseloads.
After 5 years, state court data system Odyssey isn’t halfway home
In the Greek epic “The Odyssey,” Homer’s hero Odysseus takes 10 years to return home after the Trojan War. Indiana’s Odyssey might take longer to reach its goal. Odyssey, the state-backed court case management system that aims to connect and modernize more than 400 trial courts, is continuing its laborious progress, locality by locality.
Lady Justice gets ‘green’ makeover
The greening – literally – of the rooftop of the Indianapolis federal courthouse is part of a $66.8 million upgrade of the building with funds coming from the American Recovery and Reinvestment Act. Work on the roof along with additional upgrades to increase the energy efficiency of the facility as well as to improve the public safety system began in December 2009 and was substantially complete on Aug. 27, 2012, according to the U.S. General Services Administration.
Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
Zoeller: Problem-solving courts may help fight Rx abuse
Indiana Attorney General Greg Zoeller said a newly formed prescription drug abuse task force will examine whether special problem-solving courts may be a venue for fighting prescription painkiller abuse.
Weinberger seeks sentence of time served
Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.
Justices tackle home foreclosure issue involving MERS
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
Appeals court affirms rejection of HOA ‘abusive junk fee’
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
Northwest Indiana officials indicted on federal charges
Six people in northwest Indiana, including three council members, were indicted Thursday on federal charges resulting from an investigation by the Northern District of Indiana’s Public Corruption Task Force.
Death row inmate’s habeas petition denied
A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.
7th Circuit rules against fired animal shelter worker
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
Defendant’s argument should be made to rules committee
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
Justices revoke conditional bar admission
The Indiana Supreme Court has revoked Harlan L. Vondersaar’s conditional admission to the state bar because he practiced law while suspended.
Judges find no misconduct by hospital
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
Fraternity pledge loses appeal involving alleged hazing incident
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
Trial court should not have admitted statement to detective
The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.