Justices order new trial for Ripley County man
A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
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Payment changes for appellate filing fees in Northern District
Beginning Monday, the U.S. District Court in the Northern District of Indiana will require online credit card payments, via CM/ECF, for filing fees associated with civil and criminal notices of appeal.
7th Circuit certifies questions for Kansas Supreme Court
The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.
Man who killed girlfriend may be retried for reckless homicide
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
42 members of Indianapolis motorcycle club indicted
In what has been described by Southern District U.S. Attorney Joseph Hogsett as the largest federal organized crime prosecution in Indianapolis history, 42 members of the Outlaws Motorcycle Club in Indianapolis have been indicted on various offenses, including extortion and drug charges.
Supreme Court Justice Rucker to run for retention
Indiana Supreme Court Justice Robert Rucker will stand for retention, ending speculation that he might become the fourth justice to step down in the last two years.
Deadline to accept State Fair settlement extended
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.
Lake County local rule requires e-filing of certain cases, fee increase implemented
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
Judges disagree over impact of mental illness label at sentencing
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
COA rules trial court should have allowed DCS to withdraw adoption consent
The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.
Shepard joins Old National board
Retired Indiana Chief Justice Randall Shepard has been appointed to the board of directors of Old National Bancorp, the Evansville-based company announced Monday.
Columbus-area businessman faces federal fraud charges
A Columbus-area businessman is facing multiple federal charges that he defrauded banks, credit unions and investors of more than $10 million.
Supreme Court justices reject 12 cases
The Indiana Supreme Court added no cases to its docket last week, denying or dismissing transfer in a dozen cases.
Hauke receiver files suit against his former accounting firm
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
State to defend Planned Parenthood ban after adverse Medicaid recommendation
The Office of the Indiana Attorney General continues to defend a 2011 state law that denies Medicaid funding for health care services to Planned Parenthood because the organization performs abortions. A federal hearing officer recommended that the Department of Health and Human Services disapprove the state Medicaid plan amendment in the law.
7th Circuit upholds conviction over DEA agent withholding evidence
A man convicted of federal charges of distributing cocaine was not deprived a fair trial after a government agent failed to record or relay exculpatory evidence from a co-defendant, the 7th Circuit Court of Appeals ruled Friday.
7th Circuit affirms life sentences in prostitution ring
Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.
Indianapolis man appointed to Judicial Nominating Commission; Interviews scheduled for Supreme Court vacancy
Ryan Streeter, of Indianapolis, has been appointed to the Indiana Judicial Nominating Commission to serve the remaining months of a term following the resignation of member Fred McCashland.
Drunken driving conviction affirmed; lesser included charge vacated
A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.
Appeals court upholds, tweaks division of IRA in divorce
A husband’s individual retirement account is a divisible asset in a divorce, the Indiana Court of Appeals ruled, but it ordered the trial court to revise the award to reflect an equal division of both parties’ assets.