Articles

Voters oust trial court judge; Carmichael beats party-switching ex-jurist

Southern Indiana voters rejected one trial court judge and narrowly re-elected another who was challenged by a former colleague who changed parties to run against her. Jefferson Circuit Court Judge Darrell Maurice Auxier, a Democrat, was the lone sitting Indiana trial court judge to lose his bid for re-election, while Clark Circuit Judge Vicki Carmichael retained her bench seat in one of Indiana’s closest countywide trial court races Tuesday. 

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COA overturns injunction against Charlestown code enforcement scheme

A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.

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COA: Filing errors don’t reverse probation revocation

Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.

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Insanity defense allowed for man in trooper shooting

A Clark County judge will allow a southern Indiana man to use an insanity defense when he goes on trial for shooting a state trooper in the head during a traffic stop. The defendant showed early signs of dementia, a mental health provider said.

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Clark County Drug Court ‘ran roughshod,’ but litigants lose appeal

The 7th Circuit Court of Appeals on Tuesday found litigants in Clark County’s troubled drug court endured significant deprivations of their constitutional rights — including sometimes being jailed for months without due process — but offered no relief in the appeal of their dismissed civil lawsuit.

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COA: 25-year delay doesn’t make motion for relief untimely

Despite a 25-year delay between an original summary judgment ruling and the subsequent grant of a motion for relief from that judgment, the Indiana Court of Appeals has upheld a trial court’s finding that the 2015 motion for relief from the 1990 judgment was not untimely.

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Tax Court reverses doubled Clark County assessments

The Clark County assessor must reduce its valuation of a Jeffersonville property by roughly $1 million for the 2011 through 2013 tax years after the Indiana Tax Court found the assessor abused her discretion in the assessment process.

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Indiana Court Decisions — March 15-28, 2018

7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]

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Jeffersonville man accused of molesting 19 kids faces sixth suit

A Jeffersonville man charged with molesting 19 children faces a sixth civil lawsuit stemming from that alleged abuse. The lawsuit filed March 12 on behalf of one of Michael Begin Jr.’s alleged victims names the 18-year-old Jeffersonville man, the Greater Clark School Corporation and YMCA of Southern Indiana Inc. as defendants.

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Indiana Court Decisions — March 1-14, 2018

7th Circuit Court of Appeals March 2 Civil Plenary — Noncitizen Transgender Name Change John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al. 17-1756 A Mexican native with asylum in the United States cannot continue with his suit against various Indiana […]

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Judge ends ‘Tiger Baby Playtime’, halts cub declawing

A federal judge Monday shut down a southern Indiana attraction’s public encounters with tiger cubs. The judge also halted the declawing of tiger cubs and separating them from their mothers so they could be used in “Tiger Baby Playtime” events where people pay to mingle with declawed big cat cubs.

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