Reversal: Appeals court tosses admission of OWI breath test
The Indiana Court of Appeals reversed a man’s operating a vehicle while intoxicated conviction when it found the admission of his chemical breath test was an abuse of discretion.
Marion County
Articles
Judge’s failure to sign commitment order splits COA
For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.
COA to hear commitment case Monday in Fishers
The Indiana Court of Appeals will hear argument next week in a case involving an involuntary mental health commitment that was not signed by the presiding judge.
Judge: Indy deputy used excessive force ‘sadistically and maliciously’
A Marion County sheriff’s deputy used excessive force against a former jail inmate “sadistically and maliciously,” a federal judge determined, ruling in favor of the inmate and ordering a determination of damages he is owed.
Man’s misdemeanor resisting conviction overturned under continuous crime doctrine
The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.
Expired handgun permit not ‘misuse’ of firearm, COA says
A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.
Supreme Court certifies 42 senior judges for 2019
The Indiana Supreme Court has certified or re-certified 42 judicial officers as senior judges for the coming year. The high court re-certified 33 senior judges and gave eight trial court judges and one magistrate received initial certification.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
Venue transfer appeal heads to Ivy Tech Indianapolis
Questions raised regarding the meaning of the term “principal office” will be heard in an Appeals on Wheels oral argument Tuesday morning at Ivy Tech Community College.
Authorities investigating Marion County Jail inmate’s death
Authorities are investigating the death of an inmate who was found unresponsive in his Marion County Jail cell. A 33-year-old man was found unresponsive by jail staff Saturday.
Marion County jury to hear capital case in Fort Wayne
Jurors from Marion County will hear the case of a Fort Wayne man facing death penalty charges stemming from the deaths of four people.
Justice center move will bring changes to 2 neighborhoods
The $572 million Criminal Justice Center won’t open until 2022, at which time scores of city and county employees—working for the courts, public defender, prosecutor, sheriff and other agencies—will move from downtown’s Market East Cultural District 2 ½ miles east to the Twin Aire neighborhood. But city officials and businesses are already thinking about how both neighborhoods will be changed by the shift.
Holcomb’s office ordered to hand over Pence Carrier emails
Gov. Eric Holcomb’s administration has 30 days to turnover emails that passed between former Gov. Mike Pence, the Trump Organization and Carrier Corp. related to the negotiations that led then newly elected President Donald Trump to take credit for saving the Indianapolis plant from closing.
Three magistrate finalists named for Lake County judgeship
Republican Gov. Eric Holcomb will select one of three magistrate judges to fill the vacancy on the Lake Superior Court created when Judge Elizabeth Tavitas was appointed to the Indiana Court of Appeals this summer. The Lake County Judicial Nominating Commission late Tuesday named magistrate judges Lisa A. Berdine, Thomas P. Hallett and Nanette K. Raduenz as finalists to succeed Tavitas in Lake Superior Court 3, family division.
Former Vigo County schools chief charged with bribery
A former western Indiana school chief faces three felony counts of bribery for allegedly accepting gifts from a vendor.
Death penalty defense in officer’s killing seeks brain consultant
An Indianapolis man facing the death penalty for allegedly killing a Southport police officer is requesting public funds to hire a brain injury consultant in an apparent move to raise questions about whether he acted “knowingly or intentionally.”
Jury finds for Marion County sheriff at ex-deputy’s ADA trial
A former Marion County sheriff’s deputy who was permanently injured while on duty has lost her lawsuit against the sheriff’s department and the city of Indianapolis after a federal jury found the defendants did not fail to accommodate her and did not harass her because of her disability.
Marion County Election Board ratifies ballot, early voting times
The Marion County Election Board unanimously ratified the 2018 general ballot Wednesday and approved a resolution to extend available voting hours at the clerk’s office starting Oct. 26. For the first time, the ballot will include retention votes for Marion Superior judges.
COA affirms med-mal suit venue is Monroe, not Marion County
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.
Three new judges prepare to join Marion County bench
For the first time, three new Marion County judges have been appointed through merit-based selection. Charnette Garner, Jennifer Harrison and Mark Jones were chosen by Gov. Eric Holcomb from among 40 applicants to replace retiring Indianapolis judges Becky Pierson-Treacy, Michael Keele and Thomas Carroll, respectively.