AG to appeal secretary of state ineligibility case
Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.
Court opinions
Articles
Appeal planned on judge’s order to remove secretary of state
Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.
Justices to consider certified question on municipal reorganization
The Indiana Supreme Court has accepted a certified question from a federal judge in Indianapolis that asks whether a township can reorganize into a city in a way that deprives some residents of their statutory rights to vote for mayor and city council.
7th Circuit rules school provided appropriate public education
Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.
7th Circuit allows Indiana to enforce ban on out-of-state robo-calls
The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.
Judge upholds Delaware County smoking ban
Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.
Court upholds finding man committed crime of domestic violence
The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.
Justices suspend attorney for 18 months
Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.
Marsh wins $19.5M judgment against Roche
A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.
Traffic judge’s 60-day suspension begins next week
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
Federal incarceration doesn’t count toward speedy trial clock
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
In issue of first impression, COA reverses union decision
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
Judges uphold man’s convictions, enhanced sentence
The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
Federal Circuit hears judges’ pay case
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
Justices rule man not disenfranchised under the Infamous Crimes Clause
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
7th Circuit affirms dismissal of plaintiffs
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
Woman loses appeal for overtime pay
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.