State won’t immediately appeal IBM ‘deliberative processes’ ruling
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
Courts
Articles
Exonerated death-row inmate to speak at Indiana University campuses
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
Coroner’s office loses 2nd reverse-discrimination appeal
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
Federal judge upholds Evansville man’s death sentence
A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.
COA reverses judgment in title insurance issue
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
Circuit Court orders new trial on Rule 404(b) grounds
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
Case asks whether school board members can run for political office
A Lake Superior judge may not be breaking any new legal ground with an election-related ruling this week, but he’s set the stage for an appeal that could clear up confusion about whether nonpartisan school board members must give up their right to run for a public office that requires the candidate to declare their political party affiliation.
Bankruptcy courts seek comments on local rules
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on several proposed changes to local rules, and the addition of a new local rule.
COA to hear appeal at University of Southern Indiana
The Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
7th Circuit rules on Rolls-Royce job-bias case
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
Judges: defendant should be able to confront witness
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
Indy lawyer pays $371,000 to settle Fair Finance lawsuit
Fair Finance Co.’s bankruptcy trustee has reached a $371,000 settlement with Stephen Plopper, an Indianapolis attorney accused of defaulting on a 2003 loan from the Tim Durham-owned business.
Court: DNR case can proceed despite 11-year delay
The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.
Court: ‘ingress’ and ‘egress’ doesn’t include parking
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
SCOTUS asked to take Indiana stun belt case
The Supreme Court of the United States is being asked to consider an Indiana case about a convicted murderer’s claim that he was improperly restrained with a stun belt during his trial and that led to a wrongful conviction.
COA to hear appeal in stalking case at IU-South Bend
The Indiana Court of Appeals will hear oral arguments Thursday at Indiana University – South Bend.
Appellate court affirms arbitration on claims against college
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
4 Indiana justices testify on state budget
Four of the Indiana Supreme Court justices testified before the Senate Appropriations Committee Monday night, talking to lawmakers specifically about the need for an appellate case management system, more funding for public defense, and continued fairness in how judicial officers and prosecutors are paid throughout the state.
Justices: Belated appeals rule doesn’t apply to probation revocations
The Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t apply to probation revocations.
Disciplinary Actions – 3/30/11
See who’s been suspended or received a public reprimand from the Indiana Supreme Court.