Event to focus on election, U.S. Supreme Court
University of Notre Dame Law School professor Richard Garnett is the featured speaker at an event discussing the upcoming presidential election and its impact on the nation's highest court.
Government
Articles
Courts can review public school financing
Hoosier courts have the authority to review the state’s school financing formula to determine whether Indiana is meeting a constitutional requirement to provide a quality public education for all students, the Indiana Court of Appeals ruled May 2.A 2-1 ruling from the COA revives the public education financing case of Joseph Bonner, et al. v. Mitch Daniels, et al., No. 49A02-0702-CV-188, which presents an issue of first impression. Nine public school students and their families from eight different school systems throughout the…
Court consolidates Lake County voter cases
The Indiana Supreme Court has stepped in to settle conflicting rulings from two Lake County courts regarding early-voting sites in East Chicago, Gary, and Hammond, deciding that consolidating the cases to proceed in Lake Superior Court is the "most orderly approach."
Judge crosses out cell tower dispute
A federal suit is going back to Jeffersonville to decide whether a wireless carrier can put up a cell tower disguised as a Baptist church cross.U.S. District Judge Sarah Evans Barker Thursday remanded the case Sprint Spectrum v. City of Jeffersonville Board of Zoning Appeals, No. 4:05-cv-00154-SEB-WGH, issuing a final judgment and denying cross-motions for summary judgment from both parties. The nearly three-year-old suit was filed in the Southern District of Indiana New Albany Division.Sprint wanted to build a “stealth facility”…
Grant available for Family Court Project
A one-year grant of up to $40,000 is available to launch a Family Court Project. The grant is an opportunity for county governments to get funding for a project that provides judicial coordination of multiple cases involving the same family. Last year, only two new projects received funding for the 2008 year, so the Indiana Supreme Court had an extra $40,000 to include in the 2009 budget, said Loretta Olesky, Family Court manager. Typically, the grants run on two-year cycles; however,…
Moving forward on merit selection: Judiciary, bar association support statewide change
An effort that began more than 50 years ago is being resurrected and could eventually reshape how judges are selected throughout Indiana. Stars are aligning for a multi-faceted thrust toward merit selection and retention for all trial judges statewide, an endeavor that’s been brewing behind the scenes for years but is now gaining more steam from the state’s judiciary and largest bar associations. While no guarantee exists that lawmakers would even consider such a change, key players supporting the concept in…
Court: ‘mistakes’ in judge’s sentence
The 7th Circuit Court of Appeals vacated the sentence of man convicted of defrauding Medicaid because the District Court judge’s sentencing transcript was “laced with apparent mistakes and misunderstandings.” In United States of America v. William J. Higdon, No. 07-3951, William Higdon appealed his 60-month sentence imposed by U.S. District Judge Richard Young of the Southern District, Evansville Division. Higdon pleaded guilty to defrauding the Indiana Medicaid program, and the judge and parties agreed the sentencing guideline was 18 to 24 months….
U.S. allowed to join Indy case arguments
The U.S. Supreme Court will allow the federal government to have a voice in arguments of an Indiana case later this month, testing the competency standards for pro se litigants in criminal cases.On March 14, justices of the nation’s highest court granted a motion from the U.S. Solicitor General to participate in arguments as amicus curiae in Indiana v. Ahmad Edwards, 07-208, set for 10 a.m. March 26.At issue is what the Sixth Amendment dictates when determining whether someone found competent…
Court finds fax to be a contract
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
Justices asked to take Terre Haute mayor case
The Indiana Supreme Court is being asked to consider the role a federal law plays in deciding who is Terre Haute's current mayor and whether a special election is needed.
Federalist society to preview SCOTUS term
The Federalist Society's Indianapolis Lawyers Division Chapter will present a preview of the upcoming U.S. Supreme Court 2008-09 term featuring Kannon Shanmugam, who served as assistant to the solicitor general in the U.S. Department of Justice and is currently a partner in the Washington, D.C., firm Williams & Connolly.
Gov. names judge to new Miami Superior Court
Miami Superior Judge Daniel C. Banina has been appointed by Gov. Mitch Daniels as judge of the newly created Miami Superior Court II. Judge Banina will become judge of the new court Jan. 1.
Evidence failed to support ending parental rights
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
Conference to address poverty, globalization
How the law and legal associations can lessen the impacts of poverty both at home and abroad will be the focus of a Law, Poverty and Economic Inequality Conference April 3 and 4 at Valparaiso University School of Law.Visiting professor Penelope Andrews organized the conference in response to the various ways globalization has affected poverty through job loss, diminishing labor rights, lower earnings, and an increase in private companies taking over the former responsibilities of governments. The event will consist of…
IU Law – Indy to host roundtable on economy
Indiana University School of Law – Indianapolis faculty members will discuss Thursday their analyses of the current economic issues facing the U.S. in a roundtable discussion, "The Economic Crisis and the Emergency Economic Stabilization Act of 2008."
President Bush signs Great Lakes Compact
An updated multi-state compact to implement more protections to the Great Lakes has been signed into law. President George W. Bush signed the Great Lakes-St. Lawrence River Basin Water Resources Compact Oct. 3.
COA: State can’t claim adverse possession
The state can’t obtain title to a disputed tract of land through adverse possession because the state can’t satisfy the tax requirements in Indiana statute regarding adverse possession, the Indiana Court of Appeals ruled today in a case of first impression.In State of Indiana v. Jeanette Serowiecki, No. 56A04-0710-CV-576, the state appealed the trial court’s grant of summary judgment in favor of Jeanette Serowiecki on the state’s complaint to quiet title to an 18.6-acre tract of land in Newton County. Serowiecki is trustee…
President signs new federal IP law: Legislation considers piracy issues, creates ‘copyright czar’
The United States is stepping up to better protect intellectual property. If there was any doubt before, it’s official now with a new law signed by President George W. Bush Oct. 13. Known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or PRO IP for short, the law is designed to strengthen existing copyright laws, create civil forfeiture clauses so equipment believed to be used in an IP crime can be seized, and establish a cabinet-level position…
SCOTUS defines money-laundering ‘proceeds’
The Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man in a split decision today.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago. This was one of two money-laundering cases decided by the court today; the other came in Cuellar v. U.S., No. 06-1456, which held that mere concealment of money during a transport is not enough to support…
Absentee ballots challenged in Marion County
Republicans in Indiana are challenging early votes again, only this time Marion County absentee ballots are being questioned.