Court upholds imposition of court costs
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
Jennifer Nelson
Articles
COA split over whether DCS has authority to interview sibling
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
Justices tackle home foreclosure issue involving MERS
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
Death row inmate’s habeas petition denied
A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.
7th Circuit rules against fired animal shelter worker
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
Defendant’s argument should be made to rules committee
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
Justices revoke conditional bar admission
The Indiana Supreme Court has revoked Harlan L. Vondersaar’s conditional admission to the state bar because he practiced law while suspended.
Judges find no misconduct by hospital
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
Fraternity pledge loses appeal involving alleged hazing incident
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
Trial court should not have admitted statement to detective
The Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a defendant made to a police detective.
COA rejects arguments Batson should extend to juror age
A trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
SCOTUS declines Indiana robo-call case
The Supreme Court of the United States came back for its 2012 session Monday and decided it will not take the appeal filed by a provider of prerecorded telephonic messages seeking to overturn enforcement of a ban on automated robo-calls in Indiana.
Clay County man entitled to discharge because of ruling delays
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
Woman gets 4-year sentence for lying about being injured in State Fair collapse
One of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
Trial court correctly revoked man’s probation in 5 cases
A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
COA orders jury trial on animal cruelty charges
An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
Legislators to receive Shepard pro bono award
State Sen. Brent Steele, R-Bedford, and Rep. Eric Koch, R-Bedford, will receive the Indiana Pro Bono Commission’s Randall T. Shepard Award for excellence in pro bono publico, the Indiana Bar Foundation announced Thursday.
Court video pilot project will last through 2013
The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.
Indiana justices asked to answer question under Common Construction Wage Act
U.S. Judge Sarah Evans Barker has asked the Indiana Supreme Court to answer a certified question that arose in a pay dispute between a Fort Wayne electrician and Indianapolis-based Gaylor Inc.
State cannot enforce $1,000 cap on dental services for Medicaid recipients
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.