Courts

The 7th Circuit Court of Appeals in Chicago issued an immigration ruling today reiterating a message that the justice department isn’t giving asylum cases enough review.The opinion is one of an already long list of examples where Circuit Courts slam the nation’s immigration court system, a mostly administrative process flowing through the U.S. Department of Justice. The 7th Circuit has been especially critical of the system.In its three-page decision in Hanna Youssef Mekhael v. Michael B. Mukasey, No. 06-4285, opinion author Judge…

Attorney John C. Trimble, a partner at Indianapolis firm Lewis Wagner, has been chosen to be one of the newest members on two key judicial commissions focused on nominating new appellate judges and ethical, qualification issues for judges statewide.Starting in January, Trimble will be one of seven voices on the Judicial Nominating and Qualifications commissions. Chief Justice Randall T. Shepard chairs the commissions, which include the same members. State law requires that three commissioners be attorneys while three others are lay…

A handful of Hoosier counties got a nod from a legislative study commission for new courts and judicial resources this week, and those recommendations will now go to lawmakers for consideration in the next General Assembly session.The Commission on Courts met Monday to discuss and vote on several measures that include new courts or judicial officers, but Marion County and the Indiana Court of Appeals are not on the list of recommendations.The commission did not bring up or vote on a…

The Indiana Supreme Court today affirmed the life sentence of a man convicted of killing a 10-year-old girl in Jackson County.A unanimous opinion in Anthony Stockelman v. State of Indiana, 36S00-0608-CR-285, affirmed the trial court was correct in weighing aggravators more heavily than proffered mitigators and that the sentence of life without parole was appropriate.Stockelman pleaded guilty to charges of murder and child molesting arising out of Katlyn Maria Collman’s murder in Crothersville in January 2005. Following her disappearance, state police…

Northern Indiana ;s U.S. Attorney Joseph Van Bokkelen faced the U.S. Senate ;s Judiciary Committee this morning in his confirmation hearing for a federal judgeship opening in Hammond this summer.President George W. Bush nominated Von Bokkelen to replace retiring Judge Rudy Lozano, who plans to take senior status in July.During the hearing, Von Bokkelen and three other nominees for judgeships: Debra Ann Livingston for 2nd Circuit judge, Roslynn Renee Mauskopf for district judgeship in the Eastern District of New York, and…

Debate over land once earmarked for the 1960s expansion of Interstate 64 through New Albany has gone to the Indiana Court of Appeals, which ruled today in that case.The three-judge panel ruled in Donald Jensen, et al. v. The City of New Albany, et al., holding that a reversionary clause in a 1960 deed was unenforceable after land was transferred to the state more than four decades ago.Land in question was 5.82 acres known as the Fawcett property, which the original…

A federal suit filed this week in Indianapolis accuses a school district of violating teachers’ constitutional rights by blocking access to two political Web sites relating to the board’s actions and removal of the superintendent.This is the third suit lodged against the Perry Township School Board since November, when the board voted to place Superintendent H. Douglas Williams on paid administrative leave pending a review of his performance.Filed by Perry Education Association President Terry Rice and Southport Elementary School teacher Sherrie Williamson,…

The Indiana Supreme Court suspended 111 attorneys this week for failing to meet their continuing legal education requirements last year.Justices issued an order In the Matter of Failure to Comply with Continuing Legal Education Requirements on Tuesday. Though effective immediately, it stipulates that attorneys’ proscription against practicing law begins at 11:59 p.m. June 11.A total 41 attorneys based out of state are suspended, followed by 26 in Marion County, eight in Hamilton County, five in Monroe County, four in Allen County, three…

Contributions from a railroad company to a federal disability fund cannot be used to reduce the amount of a plaintiff’s recovery, the Indiana Court of Appeals affirmed today.In a 30-page decision in CSX Transportation Inc. v. Robert D. Gardner, No. 49A02-0610-CV-917, the court affirmed a trial judge’s decision to not allow the railroad company to use its $35,000 annual contributions to a disability and retirement fund to lower the jury-imposed amount of $605,500 in damages for Gardner’s injuries.He was working as…

The Supreme Court of the United States has asked for more information before deciding whether to accept a case involving a former Bloomington elementary school teacher fired over comments she made about the Iraq war during class.Deborah A. Mayer, who now teaches at an elementary school in Florida, lost her job after making comments to elementary students in early 2003 – just prior to the war’s beginning – that she would “honk for peace” when passing war protests. Some parents later…

Every so often, judges find they must recuse themselves in certain cases. That’s happening in Vanderburgh County, where all the superior judges have been recused from a case involving the child support matters of a magistrate’s son.Suzanne Hebert Hamilton is waging the child support legal battle against her ex-husband, Richard Hamilton, who is son of Vanderburgh Superior Magistrate Allen Hamilton. The couple separated in 2005 and finalized a divorce early last year. She lives in Florida with the couple’s two children…

The federal District Court in Indianapolis should have dismissed a suit challenging Indiana’s prerecorded telephone messages statute because a state court was already considering the issue and could have provided an adequate legal remedy, the 7th Circuit Court of Appeals ruled today.The three-judge appellate panel also chastised U.S. District Judge Larry McKinney for concluding last October that the then-approaching 2006 congressional election was a reason for urgent attention on this issue.The 7th Circuit decision came in FreeEats.com, Inc. v. State of…