Evansville bar names Gresham award winner
The Evansville Bar Association presented the James Bethel Gresham Freedom Award to Vanderburgh Circuit Judge Carl A. Heldt on April 29 at its annual Law Day dinner.
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Appellate court orders reinstatement of jury verdict
Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
Landlord sent itemized letter on time
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
7th Circuit addresses sex offender registration law
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
Judges split on District Court’s use of Colorado River abstention doctrine
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
Committees seek comment on problem-solving courts, programs
The Court Alcohol and Drug Program Advisory Committee and the Problem-Solving Courts Committee of the Judicial Conference of Indiana are seeking public comment on the new rules governing problem-solving courts and amendments to the court-administered drug and alcohol programs.
SCOTUS denies cert, upholding Indiana’s judicial canons
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
General Assembly wraps up on time
The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now, bills impacting Indiana’s courts and legal community make their way to the governor’s desk.
Pinched nerve causes chief justice to miss arguments, Evansville event
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
SCOTUS denies Indiana judicial canons case
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
COA rules on unjust enrichment issue for first time
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
First impression issue on ‘in loco parentis’ doctrine
Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
Judges split on stalking conviction
The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
Indianapolis attorney to represent accused USS Cole bomber mastermind
A week after the federal government announced it would seek the death penalty against the prime suspect in the 2000 bombing of the USS Cole, the Department of Defense has appointed an Indianapolis attorney to represent the man who will face the first military tribunal under President Barack Obama’s administration.
7th Circuit rejects ineffective trial assistance claim
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
Appellate court to visit Wabash for arguments
The Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
COA splits on need for evidentiary hearing in revocation
The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
Credit-time statute amendment not retroactive
An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.
Justices reverse forfeiture of truck
The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.
Judge: Governor doesn’t have to testify in IBM case
Marion Superior Judge David Dreyer has ruled that Indiana Gov. Mitch Daniels doesn’t have to testify about his involvement in the cancelled multi-million dollar IBM contract to modernize the state’s welfare system.