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A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.
The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.
Indiana Court of Appeals
Term. of Parent-Child Rel. of J.W. and S.W.; L.W. v. IDCS (NFP)
82A01-1002-JT-124
Juvenile. Affirms termination of parental rights.
Jack Edward Martin v. State of Indiana (NFP)
02A03-1002-CR-132
Criminal. Affirms sentence following guilty plea to Class A felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted 4 transfers and denied 26 for the week ending Sept. 17.
Indiana Supreme Court
Max Koenig v. State of Indiana
42S04-1009-CR-505
Criminal. Affirms conviction of dealing in a schedule II controlled substance as a Class B felony. The admission of the laboratory report without letting Koenig confront the person who created it was harmless beyond a reasonable doubt under Chapman v. California.
The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.
The American Civil Liberties Union of Indiana’s annual dinner this year will honor Irving Fink, an attorney who helped found the organization and Indiana Legal Services.
The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.
Fifteen people want to be Indiana’s next Tax Court judge. Judge Thomas G. Fisher announced in August his plans to retire Jan. 1, 2011.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Antionette Smith v. State of Indiana (NFP)
49A02-1002-CR-178
Criminal. Affirms conviction of burglary as a Class B felony.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Obed Kalwitz, Jr., et al. v. Eugene Kalwitz, et al.
46A03-0912-CV-574
Civil. Affirms small claims judgment in favor of siblings Eugene Kalwitz and Sharon Greiger in Obed Kalwitz Jr.’s suit alleging the siblings stole items from land that now belong to the siblings. Affirms ruling on counterclaim for $1,750 compensatory damages for abuse of process, $2,750 in punitive damages, and $900 in attorney’s fees. Obed and Rolene’s request for a change of judge was untimely, and their claim is barred by res judicata. Remands to the small claims court for a determination of the amount of appellate attorney’s fees and costs to which Eugene and Sharon are entitled.
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
The U.S. District Court for the Northern District of Indiana and the Bankruptcy Court in the Northern District are seeking public comment on several proposed local rule changes.
Indiana University School of Law – Indianapolis needs judges for its annual Honorable Robert H. Staton Intramural Moot Court Competition.
Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.
Indiana Court of Appeals
Termination of Parent-Child Relationship of D.B. and A.B.; R.B. v. Indiana Dept. of Child Services (NFP)
87A01-1001-JT-107
Juvenile. Affirms involuntary termination of parental rights.
Gordon Northrup, Jr. v. State of Indiana (NFP)
79A04-1003-CR-192
Criminal. Affirms trial court properly denied motion for sentence modification.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
Gov. Mitch Daniels announced this morning his pick for the state’s highest appellate court, choosing Boone Circuit Judge Steven H. David to replace retiring Justice Theodore R. Boehm once he steps down Sept. 30.
Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.
The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.
A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.