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Improperly fastened seatbelt can lead to stop

Front-seat passengers in cars must have their seatbelts properly fastened when the car is in motion, meaning the lap belt must be fastened and the shoulder belt across his or her shoulder, the Indiana Court of Appeals ruled today. The appellate court examined Indiana Code Section 9-19-10-2 to come to the conclusion that to avoid being stopped by a police officer for a seatbelt violation, a person must have both the lap and shoulder harnesses fastened and placed properly on the…

COA affirms Lake County early-voting sites

The Indiana Court of Appeals late this afternoon has affirmed a preliminary injunction allowing the operation of three early-voting locations in Lake County. In John B. Curley, et al. v. Lake County Board of Elections and Registration, et al., No. 45A03-0810-CV-512, the appellate court held the trial court’s order wasn’t clearly erroneous when the court determined the offices of the Circuit Court Clerk in Hammond, East Chicago, and Gary are not “satellite” offices and that Indiana Code Section 3-11-10-26(a)(1) doesn’t restrict the…

Firefighters allege reverse discrimination

A reverse discrimination suit filed Tuesday in federal court against the Indianapolis Fire Department is the second bias claim made against the city in a year.The newest suit in the Southern District names 20 white firefighters who allege they were passed over for promotions to lieutenant and captain in favor of less-qualified black candidates. The case is Glen Scott, et al. v. City of Indianapolis, et al.Brought by 19 men and a woman, the suit names the city and Indianapolis Fire…

Moving forward on merit selection: Judiciary, bar association support statewide change

An effort that began more than 50 years ago is being resurrected and could eventually reshape how judges are selected throughout Indiana. Stars are aligning for a multi-faceted thrust toward merit selection and retention for all trial judges statewide, an endeavor that’s been brewing behind the scenes for years but is now gaining more steam from the state’s judiciary and largest bar associations. While no guarantee exists that lawmakers would even consider such a change, key players supporting the concept in…

Indy juvenile facility gets new leader

The Indianapolis Juvenile Correctional Facility has its third new leader within a year.Frances Osburn has been promoted to superintendent, a role she’s had temporarily since previous superintendent Robert Rivenburg left in June. He’d been hired in August 2007 and left to pursue an opening with the Texas prison system. Osburn started July 10.She has been with the state DOC since 1985, beginning her career as a correctional officer and most recently serving as assistant superintendent at the facility.Located at 2596 Girls…

BREAKING: Lawrence confirmed

U.S. Magistrate Judge William T. Lawrence in Indianapolis has been confirmed as the newest federal judge on the Southern District of Indiana.Just about 4 p.m., the U.S. Senate took a break from discussion on wiretapping to move on to judicial nominations. They held a roll call vote at 4:35 p.m. They voted 97-0 at 5 p.m. to confirm Magistrate Lawrence to the judgeship, meaning he’ll be the Southern District’s first ever magistrate to be elevated to the constitutionally established Article III…

Convictions don’t violate double jeopardy

The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.

Investiture for St. Joseph judge Friday

Recently appointed St. Joseph Superior Judge Margot F. Reagan will officially take the bench Dec. 5 with a 4 p.m. robing ceremony in the Superior Court courtroom in the St. Joseph County Courthouse.

COA adjusts sentence for child molestation

The Indiana Court of Appeals affirmed a defendant’s convictions of child molestation and child exploitation, but it adjusted his sentence after finding a mathematical error by the trial court. In Roy Bennett v. State of Indiana, No. 79A05-0705-CR-240, Bennett appealed his convictions and sentence for two counts of Class D felony child exploitation and three counts of Class C felony child molestation. Bennett’s adopted daughter accused him of sexually molesting her and police searched Bennett’s home, finding several computer discs containing pornographic…

COA: Stop lacked reasonable suspicion

The Indiana Court of Appeals overturned a defendant’s drug conviction because the traffic stop that led to his arrest was unconstitutional; the police officer who pulled the car over didn’t have reasonable suspicion there was criminal activity going on in the car. Damen Holly appealed his conviction of possession of marijuana as a Class A misdemeanor in Damen Holly v. State of Indiana, No. 49A02-0711-CR-930. Holly was pulled over by a police officer after the officer ran a license plate check of…

Court: Student complaints are absolute privilege

In a case of first impression, the Indiana Supreme Court held complaints made by current students under a university’s anti-harassment policy are protected by absolute privilege.The Supreme Court granted transfer to Virginia Hartman and Suzanne Swinehart v. Dr. Gabe Keri, No. 02S03-0706-CV-233, to determine whether Hartman and Swinehart’s statements alleging sexual harassment against professor Keri were granted absolute privilege or qualified privilege. Keri was a professor in the education department at Indiana University-Purdue University at Fort Wayne (IPFW), and Hartman and Swinehart…

Court: ‘mistakes’ in judge’s sentence

The 7th Circuit Court of Appeals vacated the sentence of man convicted of defrauding Medicaid because the District Court judge’s sentencing transcript was “laced with apparent mistakes and misunderstandings.” In United States of America v. William J. Higdon, No. 07-3951, William Higdon appealed his 60-month sentence imposed by U.S. District Judge Richard Young of the Southern District, Evansville Division. Higdon pleaded guilty to defrauding the Indiana Medicaid program, and the judge and parties agreed the sentencing guideline was 18 to 24 months….

Case vacated over jurisdictional questions

The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.

U.S. allowed to join Indy case arguments

The U.S. Supreme Court will allow the federal government to have a voice in arguments of an Indiana case later this month, testing the competency standards for pro se litigants in criminal cases.On March 14, justices of the nation’s highest court granted a motion from the U.S. Solicitor General to participate in arguments as amicus curiae in Indiana v. Ahmad Edwards, 07-208, set for 10 a.m. March 26.At issue is what the Sixth Amendment dictates when determining whether someone found competent…

Court finds fax to be a contract

The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.

Worker’s comp claim bars med mal complaint

The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.

Court mulls ‘vicarious exhaustion’ in jail suit

A court ruling issued Monday by a federal judge in Indianapolis touches on a legal nuance that’s yet to be addressed by the 7th Circuit Court of Appeals in Chicago and is also a relatively new argument for Indiana.In the jail-condition prisoner suit of Trevor Richardson v. Monroe County Sheriff, et al., No. 1:08-cv-0174 U.S., Judge Richard Young of the U.S. District Court, Southern District of Indiana, denied a motion from the Monroe County Sheriff’s Office to dismiss the suit and…

Federal judge: No new jury trial, judgment

A federal judge in Fort Wayne won’t give a former train conductor a new trial relating to injuries he sustained during work.The decision from U.S. District Judge William C. Lee in the Northern District came Thursday in Terry Lee Wilcox v. CSX Transportation. The case involved claims by the 30-year employee that he couldn’t work following injuries he developed over time that resulted in more specific injuries in 2002 and 2004. After a five-day trial in October, the jury decided in…

Enhancement not allowed for attempted crimes

The Indiana Court of Appeals overturned a sentence enhancement for a man convicted of attempted rape. The enhancement was for being a repeat sexual offender, but attempted rape is not a crime listed under the repeat sex offender statute that allows for the enhancement. In William E. Wright v. State of Indiana, No. 48A02-0708-PC-678, the Court of Appeals agreed with Wright that his appellate counsel provided ineffective assistance in regards to challenging the sentence enhancement and that Wright’s petition for post-conviction relief should…