Man can’t prove ineffective assistance from attorney
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
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Chief justice to be selected May 15
The Indiana Judicial Nominating Commission will meet May 15 to vote on who will be Indiana’s chief justice. Justice Brent Dickson has been acting chief justice since Chief Justice Randall T. Shepard retired in March.
3 task force proposals address issues in Marion County Small Claims courts
The Marion County Small Claims Task Force created by the Indiana Supreme Court has released its report outlining its investigation into problems within the county’s small claims courts. The report proposes three ways to address the problems, including incorporating the small claims courts into Marion Superior Court.
7th Circuit vacates sanction in contempt judgment
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.
Patriotic Veterans seeks to lift ban on robo-calls for primary
An Illinois-based nonprofit that wants to make political robo-calls in Indiana for the May primary has asked the 7th Circuit Court of Appeals to lift a stay banning the company from doing so.
Massa investiture May 7
The formal swearing-in ceremony for new Indiana Justice Mark Massa will be May 7 in the Indiana Supreme Court Courtroom.
Indiana justices take 2 cases
The Indiana Supreme Court has agreed to hear the case filed by a fired professor at the University of Evansville against the school.
COA affirms use of equitable subrogation
The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.
Judges affirm denial of motion to withdraw plea
The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.
Man not prejudiced when prosecutor read illiterate witness’ statement before jury
Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.
Judges uphold inpatient treatment for juvenile
Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.
COA rules in favor of chamber in breach of contract dispute
In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.
U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants
The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
Courts not responsible to find person named in subpoena
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
Indianapolis attorney charged with defrauding clients out of $2.5M
An Indianapolis attorney has been charged with misappropriating more than $2 million from his clients.
Former secretary of state suspended
The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.
Dickson encourages attorneys to consider being an appellate judge
If you’re an attorney in Indiana, chances are you received an email from acting Chief Justice Brent Dickson Wednesday. Dickson sent the email to the legal community encouraging lawyers to apply for the upcoming vacancy on the Supreme Court.
Teens sue school after expulsion for online death threats
The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.
Catholic school teacher claims termination due to fertility treatments
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
5th Amendment right against self-incrimination not violated
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.