Supreme Court Justice Rucker to run for retention
Indiana Supreme Court Justice Robert Rucker will stand for retention, ending speculation that he might become the fourth justice to step down in the last two years.
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Indiana Supreme Court Justice Robert Rucker will stand for retention, ending speculation that he might become the fourth justice to step down in the last two years.
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions at IL deadline.
7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.
The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.
About 50 prosecutors in Mexico are learning about the American legal system through video conferences this week arranged by the Indiana attorney general’s office.
The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.
The Indiana Supreme Court and Tax Court issues no opinions prior to IL deadline.
Indiana Court of Appeals
Marcous Ford v. State of Indiana (NFP)
49A04-1112-CR-651
Criminal. Affirms trial court’s conviction of Class B felony battery.
Roger A. Boggs v. State of Indiana (NFP)
03A04-1108-CR-435
Criminal. Affirms trial court conviction of Class B felony armed robbery.
Kathleen G. Babchuk v. Kirk J. Daniels (NFP)
34A05-1111-CT-597
Civil/defamation. Affirms judgment of $35,000 for defamation on behalf of Daniels.
In the Matter of the Involuntary Commitment of R.T. (NFP)
35A02-1110-MH-1088
Mental health. Affirms trial court order continuing regular commitment to Logansport State Hospital.
Marlon L. Pendleton v. State of Indiana (NFP)
45A04-1110-CR-544
Criminal. Affirms trial court conviction of involuntary manslaughter.
Indiana Court of Appeals
In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
36A01-1109-AD-407
Adoption. Reverses the trial court’s grant of a petition to adopt to foster parents R.B. and R.B., and remands to the trial court with instructions to reconsider evidence after DCS completes investigation of aunt M.R. as a potential adoptive replacement. The court held that the trial court erred in denying DCS’ motion to withdraw consent for the petition after discovering it failed to conduct a complete adoptive placement investigation.
Retired Indiana Chief Justice Randall Shepard has been appointed to the board of directors of Old National Bancorp, the Evansville-based company announced Monday.
A Columbus-area businessman is facing multiple federal charges that he defrauded banks, credit unions and investors of more than $10 million.
The Indiana Supreme Court added no cases to its docket last week, denying or dismissing transfer in a dozen cases.
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
7th Circuit Court of Appeals released no Indiana opinions before IL deadline.
Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.
Indiana Court of Appeals
Derrick Baker v. State of Indiana (NFP)
48A02-1110-CR-929
Criminal. Affirms trial court conviction of dealing cocaine as a Class B felony.
Indiana Court of Appeals
Derrick Baker v. State of Indiana (NFP)
48A02-1110-CR-929
Criminal. Affirms trial court conviction of dealing cocaine as a Class B felony.
The Office of the Indiana Attorney General continues to defend a 2011 state law that denies Medicaid funding for health care services to Planned Parenthood because the organization performs abortions. A federal hearing officer recommended that the Department of Health and Human Services disapprove the state Medicaid plan amendment in the law.
A chain of dental offices that abruptly closed multiple Indiana locations in December 2010 left patients without care, refunds or records, according to a complaint filed by the Office of the Indiana Attorney General.
A man convicted of federal charges of distributing cocaine was not deprived a fair trial after a government agent failed to record or relay exculpatory evidence from a co-defendant, the 7th Circuit Court of Appeals ruled Friday.
Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.
Indiana Court of Appeals
Charles Hazelbaker v. State of Indiana (NFP)
53A05-1111-CR-636
Criminal. Affirms trial court conviction of Class C felony incest and determination of defendant as a habitual offender.
Santos C. Lopez v. State of Indiana (NFP)
71A03-1109-CR-480
Criminal. Affirms trial court conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
In the Paternity of: A.R. & P.H., by Next Friend, Tammy Raab; Christopher Hall v. Tammy Raab (NFP)
49A05-1111-JP-577
Domestic relations/child support. Affirms trial court calculation of father’s child support payments to mother.
Alea London, Ltd. v. Richard Nagy, Jr., and Christopher Buckler (NFP)
45A05-1202-CT-83
Civil tort. Reverses and remands the trial court grant of summary judgment for Nagy and Butler and orders entry of summary judgment in favor of Alea London Ltd.
James Daher, Jr. v. State of Indiana (NFP)
56A03-1201-CR-32
Affirms trial court denial of motion for relief from judgment of conviction of Class B felony conspiracy to commit escape with a deadly weapon.