Courts - The Indiana Lawyer

COA: Man didn’t waive right to appeal sentence

January 1, 2009

Because the trial court may have made confusing remarks at a man’s guilty plea hearing indicating he “may” have waived the right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn’t waived that right to appeal. The appellate court did affirm the defendant’s 30-year advisory sentence for dealing in cocaine, finding he failed to prove it was inappropriate. In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the…

Judge adopts revised sentencing conditions

January 1, 2009

Senior Judge James T. Moody in the U.S. District Court of the Northern District of Indiana issued an order Monday regarding conditions for probation and supervised release.

Snow closes some federal, county courts

January 1, 2009

The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.

Bank wrongfully refused to pay cashier’s check

January 1, 2009

In an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.

Supreme Court grants 2 transfers

January 1, 2009

The Indiana Supreme Court granted two transfers this week to cases involving a negligence claim against a grocery store and subordinated judgment liens.

Writ removes special prosecutor

January 1, 2009

The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity.

Comment sought on magistrate reappointment

January 1, 2009

The United States District Court for the Southern District of Indiana is seeking comments from bar members and the public as to whether Magistrate Judge Tim A. Baker should be reappointed to a new eight-year term.

Suspended judge’s case moved

January 1, 2009

LaPorte Circuit Court granted suspended LaPorte Superior Judge Jennifer Evans Koethe's motion for change of venue Thursday.

Court splits on first impression dissipation case

January 1, 2009

An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."

Oral findings allowed in attorney fee case

January 1, 2009

A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.

Court clarifies responses under T.R. 56(I)

January 1, 2009

The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.

UPDATE: Court suspends indicted judge

January 1, 2009

The Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A), the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at midnight May 11 and will continue until further order of the court. As a result of Judge Koethe’s suspension, the Supreme Court…

Rare second hearing set for judge’s nomination

January 1, 2009

In an unusual move, the Senate Judiciary Committee will hold a second judicial nomination hearing next week for U.S. District Judge David F. Hamilton, who's being considered for a seat on the 7th Circuit Court of Appeals.

COA reverses rape conviction in cold case

January 1, 2009

The Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago, but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to support a conviction of a sexual attack against the victim.

City court judge faces disciplinary charges

January 1, 2009

A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.

Sanctioned firm settles on legal fees

January 1, 2009

An Indianapolis law firm sanctioned for the conduct of some of its attorneys in an environmental cleanup case won't appeal the sanction and has agreed to pick up some of the opposing counsel's legal tab as part of a settlement agreement.

Marion Superior Law Library changes Dec. 31

January 1, 2009

The Marion Superior Court Law Library at the City-County Building will officially close Dec. 31, but in early 2010 the reference materials from that library will be relocated to the Central Library branch of the Indianapolis-Marion County Public Library in downtown Indianapolis.

COA reverses denial of prisoner’s petition

January 1, 2009

The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.

Court: Church program at school should end

January 1, 2009

A church-owned religious education program held on school grounds in Huntington County should be terminated because it violates the Establishment Clause of the First Amendment, a federal magistrate has ruled.

Committee ponders DCS authority of juveniles

January 1, 2009

An interim legislative committee is deciding what it should do about a last-minute, special session addition giving the Department of Child Services even more control over juvenile justice decisions that judges have historically been entrusted to make.

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