Hearing officer named in discipline case
The Indiana Supreme Court has appointed Shelby Circuit Judge Charles O’Connor as the hearing officer in the disciplinary matter
against Marion County Prosecutor Carl Brizzi.
Courts
Articles
Judge: No attorney discipline needed
A federal judge in Indianapolis has decided disciplinary actions aren't needed against a handful of attorneys relating to their conduct in a clean air trial last year, though he hasn't changed his mind about setting aside the jury verdict and holding a new trial as a result of the behavior of in-house counsel.
Case shows challenge of ending res gestae
The Indiana Court of Appeals affirmed a man's convictions and sentence for the 2007 murder and rape of a 14-year-old girl in Columbus, noting that the evidence the man objected to being admitted showed the challenges presented by eliminating the doctrine of res gestae.
COA to hear arguments in Valparaiso
A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
Comment sought on late fee rule change
Comments are being accepted regarding a proposed rule change that would allow Marion Superior and Circuit Courts to impose a $25 late payment fee for failing to pay costs, fines, or civil penalties.
State of the Judiciary touches on economy
The state's top judge this afternoon addressed a joint session of the Indiana General Assembly for the annual State of the Judiciary, focusing on how the courts can help rebuild the state and country's battered confidence caused by economic turmoil. Chief Justice Randall T. Shepard stood before lawmakers and fellow judges in the Indiana House […]
Supreme Court seeks historic law-related photos
If you've come across an old photo relating to Indiana's legal profession, the Indiana Supreme Court would like to know.
Judge’s nomination vote set for Tuesday
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
Justices: Anders withdrawals not allowed
The Indiana Supreme Court has rejected a procedure set up by the nation's top court more than four decades ago that allows attorneys to withdraw from criminal appeals they deem frivolous. Our justices say it's practically and financially more efficient to simply proceed with an appeal and let that process play out.
High court hears first ‘rocket docket’ appeal
In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded – contrary to what the Department of Child Services recommended – wasn't clearly erroneous.
Theft case requires special prosecutor
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
Amendment doesn’t affect sentence
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
Officers say wrong textbook hurt promotions
Three current Indianapolis Metropolitan Police Department officers have filed a suit against the city because they received the wrong textbooks to study for a promotion examination.
YouTube video prejudiced jury
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery
conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
IDEM could fire employee for ethics violation
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
City violated constitution in denying refunds
The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
Farming dispute creates first impression issue
In a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting the commercial and industrial real estate world.
Court: Driver didn’t prove discrimination
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.
COA: Statements not made in illegal detention
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
Testimony showed intent in identity deception
During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.