Disciplinary Commission elects 3 new officers
The Indiana Supreme Court Disciplinary Commission has elected three new officers, the high court announced today.
Courts
Articles
Trustee: Pastrick’s bankruptcy not an abuse
Reversing her decision from a month ago, a federal trustee has determined that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
COA reverses marijuana conviction based on intent
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
Judges uphold man’s remanded drug sentence
The 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.
Johnson County Historical Society gets legal history grant
The Johnson County Historical Society has been awarded an Indiana Legal History Grant by the Indiana Humanities Council and the Indiana Supreme Court, the council announced today. The $2,000 award will fund projects and research to increase the understanding of the legal history of the county among those served by the county courts.
Judges visit Jeffersonville for arguments
The Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
Brizzi discipline case could set new prejudice standard
The Indiana Supreme Court’s Disciplinary Commission wants to set a new standard of “actual prejudice” for attorney misconduct. In making that argument, the validity of two high-profile murder convictions that Carl Brizzi secured during his time as prosecutor in the state’s largest county are being questioned.
7th Circuit denies petition to remove judge
The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.
Man still fighting dismissal of bar exam suit
The man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.
Judges uphold IATC’s issuance of alcohol dealer permits
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
Investiture set for new tax judge
Indiana Tax Court Judge Martha Blood Wentworth’s formal robing ceremony will be held at 10:30 a.m. March 8 in the Indiana Supreme Court courtroom. Judge Thomas Fisher will preside over the ceremony.
Porter County can’t leave RDA
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
Competitor lacks standing for judicial review
A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
COA adopts common-sense rule on providing insurance policies
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
7th Circuit seeks comment on e-filing rule changes
The 7th Circuit Court of Appeals is revising its rules to require initial electronic filing of all documents, and the federal appellate court is taking public comment for the next three weeks.
Bankruptcy filings ease slightly in Indiana
Total bankruptcy filings in the Southern District of Indiana ticked down last year. Business bankruptcies in Indiana dropped 3.2 percent.
Disciplinary Actions – 3/2/11
See who has been suspended, received a public reprimand, and who resigned.
Would bill make immigrants feel unwelcome?
As a contentious immigration law that went into effect in Arizona last summer continues to be challenged and further changes are being considered by Arizona lawmakers, similar bills at the state and local level, including one in the Indiana Statehouse, have been gaining traction.
Hogsett takes his oath as U.S. attorney
U.S. Attorney for the Southern District of Indiana Joseph H. Hogsett took his official oath of office on Feb. 18 before a crowd of more than 200 members of the state’s legal community as well as U.S. Attorney General Eric Holder. The investiture ceremony was held at the Indiana Repertory Theatre in Indianapolis.
Dinsmore sworn in as magistrate
U.S. Magistrate Judge Mark J. Dinsmore received his robe and took the official oath of office on Feb. 25 at an investiture ceremony in the Birch Bayh Federal Building in Indianapolis.