Online attorney registration portal down
Attorneys looking to pay annual license fees have been met with an error message on the Indiana Appellate Clerk’s online portal this week.
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Articles
Court of Appeals orders trial court to re-evaluate child support order
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
Judges affirm drunk-driving conviction
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
Inmate’s suit alleging 8th Amendment violation allowed to continue
A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.
Justices decline to take Decatur County arson case
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
Nominating commission picks 3 finalists
The Indiana Judicial Nominating Commission has selected the three finalists for the Supreme Court vacancy: Hamilton Superior Judge Steve Nation, Tippecanoe Superior Judge Loretta Rush, and attorney Geoffrey Slaughter. The commission had whittled down the number of applicants from 22 to 10 in July, and then to three Wednesday evening.
Commission wraps up interviews, begins deliberations
The Indiana Judicial Nominating Commissions has finished interviewing the semifinalists who want to replace Frank Sullivan Jr. on the Supreme Court. The commission went into executive session around 4 p.m. Wednesday.
Semifinalists discuss important qualities of a justice
The Indiana Judicial Nominating Commission Wednesday interviewed 10 semifinalists to fill the vacancy on the Indiana Supreme Court created by the retirement of Justice Frank Sullivan Jr. Commission chair and Supreme Court Chief Justice Brent Dickson opened the interviews by asking each candidate what factors he or she believed the commission should be looking for in a justice.
Attorney can’t recast untimely 4th Amendment claim against prosecutor
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
COA upholds domestic battery conviction
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
Trial court erred in finding provision was liquidated damages clause
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
Court affirms judgment for developer, real estate company in suit over sinking home
A couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
Man unable to show prejudice by attorney’s lack of deportation advisement
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
Agreement doesn’t preclude subsequent lawsuit for water damage
A release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage to their home in 2007, the Court of Appeals held.
Justice interviews set for Wednesday
The Indiana Judicial Nominating Commission will interview the 10 semifinalists for the Supreme Court Wednesday.
Pyle: COA appointment an ‘awesome honor’
Gov. Mitch Daniels Tuesday appointed Madison Circuit Judge Rudolph Pyle III to the Indiana Court of Appeals, filling a vacancy left by Pyle’s mentor, Judge Carr Darden.
Governor appoints Rudolph Pyle to Court of Appeals
Gov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana Court of Appeals left by Judge Carr Darden’s retirement in July.
Justices deny 1 case
The Indiana Supreme Court denied transfer last week to a civil case out of Owen County involving a quiet title action.
Dickson takes oath as chief justice
Indiana Chief Justice Brent Dickson formally took the oath of office Monday before more than 300 people in the atrium of the Indiana Statehouse.
Judges: Grant bank’s request for receiver
Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.