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First interviews done for COA opening

They came to the capitol building in Indianapolis from across the state, facing a barrage of questions about why they want to be an appellate court judge.Seven will return for a second round next month.The Judicial Nominating Commission conducted its first round of interviews Tuesday for a seat on the state’s second highest appeals court, an opening that will be created by Judge John T. Sharpnack’s retirement in May 2008. The seven semi-finalists, selected after the daylong session of interviews and…

Court orders lawyer to prove suit not frivolous

The 7th Circuit Court of Appeals today affirmed the orders of the District Court to grant summary judgment to defendants and also ordered the plaintiff’s attorney to show cause why he shouldn’t be sanctioned for filing a “frivolous” appeal.

COA semifinalists interview Wednesday

Seven semifinalists go before the Indiana Judicial Nominating Commission Wednesday in their quest for a seat on the state’s second highest appellate court.Facing second interviews, those judges and attorneys will focus their thoughts on what they consider their two finest career accomplishments and what two items need most improving at the Indiana Court of Appeals.The interviews – which are open to the public – will be in the Statehouse, Room 319, which is near the Indiana Supreme Court’s courtroom on the…

Dog attack justifies battery charge

Commanding an animal to attack a person can justify an aggravated battery charge under Indiana statute, ruled the Court of Appeals today. In Shaquita Gilbert v. State of Indiana, 49A02-0606-CR-448, the Court of Appeals affirmed Gilbert’s conviction for aggravated battery, a Class B felony under Indiana Code 35-42-2-1.5. Gilbert appealed, saying there is insufficient evidence showing she caused the injuries that brought on the aggravated battery conviction. Gilbert commanded a pit bull in the home where she lived to attack Veronica McAtee….

Court reverses auto theft conviction

The Indiana Court of Appeals reversed a conviction of auto theft and remanded the case to the trial court, citing insufficient evidence to prove the defendant had exclusive possession of the vehicle from the time of the theft until police saw him in the stolen car. In Steven Shelby v. State of Indiana, 49A05-0704-CR-202, Shelby appealed his conviction and sentence of auto theft, a Class D felony, and the trial court’s finding him to be a habitual offender. On Nov. 7,2006,…

Interviews for COA spot start today

The Judicial Nominating Commission has started interviewing for a future opening on the Indiana Court of Appeals.This afternoon, the seven-member commission began interviewing eight candidates for the seat currently occupied by Judge Patrick D. Sullivan, who retires in August. Interviews are scheduled from 3 to 6 p.m. and will resume with another 12 interviews Tuesday morning.Candidates being interviewed today are Susan E. Boatright, juvenile division supervisor at the Marion County Public Defender Agency; Briane M. House with ProLiance Energy; Marion Superior…

Indiana Supreme Court denies review of Kokomo case

Within hours of hearing oral arguments, the Indiana Supreme Court decided not to grant transfer to review the case involving a Kokomo fire captain ;s demotion to firefighter because of comments made from outside the department. The appeals court had ruled the demotion did not constitute a violation of his First Amendment free-speech rights.The court had not released a decision by early this afternoon, but the City of Kokomo had posted a press release saying the justices did not agree to…

High court asked to intervene in recount

The Indiana Supreme Court is being asked to toss out a trial judge’s order for a Terre Haute mayoral race recount because the petitioner failed to include the winner’s middle initial.Attorney James Bopp Jr. with Terre Haute law firm Bopp Coleson & Bostrom filed an emergency request Thursday afternoon for the justices to intervene in the recount challenge, contending that Vigo Circuit Judge David Bolk didn’t have jurisdiction to order a recount from the Nov. 6 election. Democratic Mayor Kevin Burke…

Justices deny previously granted transfer

Despite a previous decision to accept a case, the Indiana Supreme Court has decided to revoke its previous order to consider whether Indiana or Illinois law should apply to a dram shop suit.Now, a Court of Appeals decision from March will stand, meaning Indiana law applies to the case.Justices this week vacated its July decision to accept transfer in Rebecca Shaw, Individually, and for the Estate of Kayla Nichole Hughes, and Stephen Hughes v. LDC Enterprises d/b/a I&I Steakhouse, et al., in…

Fort Wayne is first for ‘Courts in Classroom’ re-enactment

The Indiana Supreme Court will take its educational Courts in the Classroom program on the road for the first time this fall as it celebrates its six-year anniversary.A re-enactment of a historic U.S. Supreme Court case arising out the Fort Wayne area will be the first on the road event Oct. 17 and 18 at the Lincoln Museum. That case, Ex parte Milligan, 71 U.S. 2 (1866), involved civilians and military tribunals, and the lead defendant, Lambdin Milligan, was from that…

Court rules on corporate insurance policy issues

One of the first things you’ll notice about an Indiana Court of Appeals decision issued today is the number of attorneys and parties on the case.The first four pages of the 29-page ruling in Travelers Casualty and Surety Company, et al. v. U.S. Filter Corp., list the parties and respective attorneys. Those include 13 appellant insurance companies and organizations, two appellees-plaintiffs, and three amici curiae parties from Indianapolis; Washington, D.C.; New York, Chicago; and parts of Michigan.Issues addressed in this case…

Proposed law school info session Wednesday

There will be an information session July 11 for those interested in the Abraham Clark School of Law, a for-profit school proposed for Indianapolis. The session will begin at 6 p.m. at Springhill Suites, 11855 N. Meridian St., Carmel.The law school is being started by Mark Montefiori, a businessman with 13 years of experience in higher education. It’s still early in the planning stages, but the goal is for the school to have an emphasis on teaching business people about the…

Governor names new Lake, Marion judges

Gov. Mitch Daniels today chose a Gary attorney and legal counsel for the Indiana Department of Natural Resources director for a pair of judicial openings in Lake and Marion counties.Gary attorney Calvin Hawkins will take over as Lake Superior judge in September, replacing Judge Robert A. Pete who died in March. Admitted to the Indiana bar in 1971, Hawkins has concentrated his practice in civil and church litigation, as well as bankruptcy, probate, and family law. He earned his law degree…

Chief Justice on panel to study tax assessing, local government

Indiana Chief Justice Randall T. Shepard will co-chair a commission designed to find long-term solutions to the state’s property tax crisis, the governor announced today.Along with former Gov. Joe Kernan, the chief justice will lead the Commission on Local Government Reform beginning in early August. One of the questions the commission will look at is whether the township form of government should be abolished.Specifically, questions before the commission will be:- What local government offices might be eliminated to achieve efficiencies and…

Partial residential entry enough for conviction

Whether your whole body, the upper half, or just a hand enters someone else’s home, that’s enough to be considered “entering” under Indiana statute for conviction of residential entry. The Court of Appeals ruled today on the definition of entering a dwelling under the residential entry statute, something the courts haven’t defined in previous cases. In Robert Williams v. State, 49A05-0612-CR-688, Williams appealed his conviction for residential entry, a Class D felony, arguing that only the upper half of his body leaned…

Court opinions, orders online

The Internet is now the main method for getting a look at any opinions, orders, and decisions from Indiana’s appellate courts.Starting today, the appellate clerk’s office hopes to save money and be more environmentally friendly by discontinuing its practice of providing courtesy copies of published orders, opinions, and disciplinary actions. Traditionally, those have been available to media and news outlets free of charge. The office hasn’t calculated the budget savings, but hopes to reduce the paper consumption by about 88,000 sheets…

New trial court management director needed

Someone new will soon be overseeing aspects of Indiana’s trial court management.Colleen O’Brien, who’d served as executive director of trial court management for about a year and been with the Supreme Court’s State Court Administration division for about two years, has taken a position as a staff attorney with the Indiana Court of Appeals.The person chosen for this high-level court position will be responsible for overseeing duties relating to the operation of Indiana’s trial courts, including the administration of a data…

COA to hear 4 cases; one at Plainfield High School

The Indiana Court of Appeals will hear arguments in four cases next week, including one on the road at Plainfield High School.A three-judge panel will hear arguments Monday in Meridian Insurance v. Cha Cha, Inc., No. 53A01-0608-CV-352, which poses the question of whether the period for restoration of a business damaged by fire in an adjoining building should be decided by the courts or through the appraisal process.The following day two panels will hear afternoon arguments – David Scholtman v. Taza…

Court rules on judicial mandates

Trial judges must work with county officials and share the decision making of how court money is spent, the Indiana Supreme Court has reiterated.A pair of anticipated rulings issued Wednesday shows how the state’s high court will step in when those disputes can’t be managed locally.Justice Frank Sullivan issued both decisions for the unanimous court in Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael, and Steven M. Fleece, 10S00-0606-CV-199, and In Re: Order for…

Judge rules Fishers can annex Geist

Indiana caselaw is well settled on jurisdiction relating to annexations and incorporations, and a Hamilton Superior judge has determined Fishers should be allowed to proceed with annexing thousands of acres in Geist.Judge Steven Nation ruled today on a high-publicity case involving the proposed annexation by Fishers of 2,200 homes in unincorporated Geist area. At issue was whether the county had jurisdiction over the annexation because of the timeline of petitions filed.In mid-September Fishers had introduced an ordinance to start annexing the…