New magistrate takes the oath
U.S. Magistrate Denise K. LaRue was sworn in Sept. 8 as the Southern District of Indiana’s newest magistrate.
Justices/Judges
Articles
Judges: State-law claims can proceed
The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
Judge dismisses challenge to NCAA bylaws
Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
Summary judgment inappropriate in slip-and-fall case
The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.
Magistrate judge’s investiture ceremony Thursday
The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.
Judges uphold contempt order against attorney
A Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the attorney in contempt, the Indiana Court of Appeals ruled Tuesday.
Rehearing: Traffic judge denies misconduct
Hammond City Judge Jeffrey A. Harkin denies that he did anything wrong in operating what may be a long-established but illegal traffic school deferral program and dismissing cases without assessing required fees. He also contends that he did not try to dissuade one litigant from contesting a seatbelt violation in court.
7th Circuit affirms judgment for officers in diabetic man’s case
The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.
COA: Aunt and uncle have no standing for visitation petition
Indiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of Appeals held Monday.
Defense attorneys lose appeal for compensation
Two private defense lawyers in Marion County failed to convince the Indiana Court of Appeals that they should be retroactively appointed by the Marion County Public Defender Agency and compensated for their legal work on a case that has an intricate maze of attorney representation over the course of five years.
Judge OKs settlement in voter-registration class action suit
A federal judge in Indianapolis on Thursday approved a settlement in a class action lawsuit brought against Indiana relating to state offices not adequately providing public assistance for voter registration.
COA: Insurance policy covers deputy killed while directing traffic
The Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana Court of Appeals affirmed.
Judge: Names in workforce development cases should remain confidential
There appears to be discord among the judges on the Indiana Court of Appeals as to whether party names should be confidential in workforce development cases.
7th Circuit to hold memorial for Judge Evans
The 7th Circuit Court of Appeals and the United States District Court for the Eastern District of Wisconsin will hold a joint memorial ceremony for Senior Judge Terence Evans at 4 p.m. Sept. 23 at the Ceremonial Courtroom of the Milwaukee Federal Courthouse.
Justice touts Odyssey, counties seek addition judicial officers
The Commission on Courts meeting Wednesday contained some familiar elements: Indiana Supreme Court Justice Frank Sullivan testified regarding Odyssey and two trial judges have once again asked for an additional judicial officer.
Man not prejudiced by counsel’s deficient performance
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
Judges reverse teen’s adjudication for school absences, tardies
The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
Indiana courts contemplate response to potential juror apathy
Kelly Scanlan can’t understand why people don’t want to serve on juries or why some don’t even respond to questionnaires and show up when called.
Appeals court: Federal judge should decide on state law claims
The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.
Court could find juvenile must register as sex offender
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.