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COA panel to consider public access

A three-judge Indiana Court of Appeals panel wants to know why parties have not submitted what it calls “a meaningful public access set of briefs” related to product-liability claims against Indianapolis-based Guidant Corp. The state’s second highest appellate court has a public hearing scheduled for 11 a.m. March 25 in Allianz Insurance Co., et al. v. Guidant Corp., et al., No. 49A05-0704-CV-216, where judges will consider the balance of public interest for access with the need for restricting access relating to the Marion…

Allen County judge regrets misconduct

An Allen County judge has publicly expressed his deep regret for failing to control his emotions late last year when he verbally berated members of a defendant’s family following a sentencing hearing.Allen Superior Judge Kenneth R. Scheibenberger filed a formal answer Aug. 8 to the charges lodged against him July 15 by the Indiana Commission on Judicial Qualifications. The judicial disciplinary body has charged him with four counts of misconduct for his behavior in a fellow jurist’s courtroom in November.At that…

Justices rule on sentencing scheme

The Indiana Supreme Court has once again influenced the state’s criminal sentencing scheme in a pair of rulings that are the latest in a post-Blakely world.Justices issued decisions Thursday in Rosalio Pedraza v. State of Indiana, No. 49S04-0711-CR-516, and Michael Sweatt v. State of Indiana, No. 49S02-0805-CR-290, which when read together offer trial courts guidance about using a person’s criminal history and enhancing penalties.The court held that double enhancements are allowed using a single element of criminal history, but consecutive sentences can’t be…

Post-conviction relief case gets transfer

The Indiana Supreme Court granted transfer May 2 to a case in which the defendant was denied post-conviction relief. In Roderick Lee v. State of Indiana, No. 27A04-0705-PC-257, Lee filed a petition for relief asserting he received ineffective assistance from his trial and appellate counsel. The Indiana Court of Appeals rejected Lee’s arguments that his trial and appellate counsel – the same attorney – was ineffective because the attorney failed to argue that entering judgments on Lee’s convictions of burglary and attempted robbery violate…

Court amends public accessibility, other rules

The Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality.

ACLU wins day-old political-sign suit

Within a day of filing a federal lawsuit regarding Plainfield's ordinance restricting political campaign signs, the American Civil Liberties Union of Indiana can claim another win on an issue that's becoming more prominent statewide.

Judge argues for suspension, not removal

A Marion Superior judge who's been suspended from the bench pending a final decision from the Indiana Supreme Court believes his penalty should fall somewhere between a public reprimand and removal.

Future SCOTUS justices topic of event

With at least two anticipated vacancies on the United States Supreme Court within the next four years and numerous more vacancies at the Circuit and District Court levels, President-Elect Barack Obama will possibly appoint two U.S. Supreme Court justices in his first term in office.

Judge: Sex offender law goes too far

Those registered sex offenders who’ve served their time and are no longer on probation or under court supervision cannot be required to give blanket consent to authorities for home and computer searches, the U.S. District Court Southern District of Indiana’s chief judge ruled late afternoon on June 24.U.S. District Judge David F. Hamilton in Indianapolis struck down a major portion of a new law set to take effect July 1, which would have required all convicted sex offenders to agree to…

Governor appoints Bluffton judge

Gov. Mitch Daniels appointed a new Bluffton City Court judge Feb. 28, choosing a retired car dealership owner. Robert J. Bate succeeds Judge Gary Markley, who resigned Jan. 15.Bate was owner and president of Bob Bate Chevrolet Inc. in Ossian from 1979 to 2000. He was elected five times to serve on the Bluffton City Council between 1987 and 2007. Bate’s appointment is effective immediately.

Court not ready to create paralegal rule

The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.

IU Law class receives national recognition

A class designed and taught by an Indiana University School of Law – Indianapolis associate professor has been recognized as a model by a national anti-trafficking group.Associate professor Karen E. Bravo created the course, “Illicit International Markets,” which was selected by The Protection Project of John Hopkins University as a model for scholars in and outside the U.S. on how to integrate the issues of human trafficking into a higher education course. Bravo’s course syllabus will be posted online by The…

Technical glitch, now fixed, hits revised opinions

Attorneys who logged on this morning to the Indiana Judiciary Web site to read and print opinions were met with a challenge: you could view, but couldn’t print.The first Court of Appeals opinions of the New Year were password protected and locked so that people accessing the online opinions were unable to print them.That was an internal, unintended glitch and the problem’s been resolved, according to Supreme Court Administrator and Appellate Clerk Kevin Smith.The opinions posted earlier this morning disappeared temporarily…

Board to vote on top public defender

The Marion County Public Defender Agency’s governing board plans to choose on Wednesday the person it wants to be the county’s next chief public defender.A public meeting is scheduled for 11:45 a.m. in Room 260 of the City-County Building at 200 E. Washington St. The nine-person board plans to conduct final interviews with Indianapolis defense attorneys Robert J. Hill Jr. and Eric K. Koselke, who are vying to succeed David E. Cook who’s leaving the agency for private practice.In late February,…

Non-violent orders challenged

The Indiana Coalition Against Domestic Violence with the assistance of pro bono attorneys in Baker & Daniels’ Indianapolis office filed notice of appeal July 22 for two non-violent contact orders issued in Marion County. The non-violent distinction means that the respondent can have contact with the petitioner as long as it isn’t violent contact. Earlier on the same day in Indianapolis, Carl Wills allegedly killed his ex-wife, April Wills, her boyfriend, and then killed himself. Records show that Carl had a history of…

Special masters named in senior judge’s case

The Indiana Supreme Court has named three trial judges to serve as special masters in the disciplinary action against Senior Judge Walter P. Chapala, formerly of the LaPorte Superior Court.

COA: State can’t claim adverse possession

The state can’t obtain title to a disputed tract of land through adverse possession because the state can’t satisfy the tax requirements in Indiana statute regarding adverse possession, the Indiana Court of Appeals ruled today in a case of first impression.In State of Indiana v. Jeanette Serowiecki, No. 56A04-0710-CV-576, the state appealed the trial court’s grant of summary judgment in favor of Jeanette Serowiecki on the state’s complaint to quiet title to an 18.6-acre tract of land in Newton County. Serowiecki is trustee…

Court: father not responsible for late payment

The Indiana Court of Appeals reversed a trial court denial of a father’s post-dissolution motion for rule to show cause why his ex-wife shouldn’t be held in contempt, and remanded for the court to enter a new order. In John L. Richardson v. Susan E. Hansrote, No. 72A01-0706-CV-288, Richardson appealed the trial court denial, raising three issues: whether the trial court erred when it determined he had a child-support arrearage; whether the error by the court clerk, who mistakenly applied Richardson’s child…