JNC to interview candidates to succeed Kirsch on COA in May
All 23 lawyers and judges who applied to succeed Judge James Kirsch on the Indiana Court of Appeals will be interviewed by the Indiana Judicial Nominating Commission next month.
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Mears: No red flag petition sought for FedEx shooter
The gunman in Indianapolis’ deadliest-ever mass shooting was never the subject of a court proceeding under Indiana’s red flag law, the Marion County Prosecutor said, because the suspect agreed to surrender a shotgun to law enforcement over concerns that he could be a danger to himself or others.
Texas’ longest serving death row inmate has sentence tossed
An appeals court has overturned the sentence of Texas’ longest serving death row inmate whose attorneys say has languished in prison for more than 45 years because he’s too mentally ill to be executed.
7th Circuit proposes local fee order rule changes
The 7th Circuit Court of Appeals has proposed revisions to its local fee rule that would strike the explicit current local attorney admission fee of $15 and replace it with language referring to the court’s attorney admission local fee order. That order currently sets the fee at $15, as well.
Foreclosure case remanded over statutory violation
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
General Assembly overrides veto, sets stage for court fight over governor’s emergency powers
The Indiana House on Thursday morning voted to override Gov. Eric Holcomb’s veto of a bill giving legislators more authority to intervene during emergencies declared by the governor.
23 judges, lawyers, apply to succeed Kirsch on Court of Appeals
Twelve judges and 11 lawyers from central Indiana have applied to succeed retiring Judge James Kirsch on the Indiana Court of Appeals.
Health provider loses Medicaid appeal seeking OTC medicine reimbursement
A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.
Indiana House sends Lake, St. Joe judicial selection bill to Holcomb
Despite final pleas from Lake County Democratic lawmakers to kill a controversial judicial selection bill that one said treats their county and St. Joseph County “as stepchildren,” the Indiana House voted Wednesday to agree to Senate amendments, sending House Bill 1453 to Gov. Eric Holcomb.
Security guard charged with murder loses appellate bid for release on bail
An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”
Justices grant transfer to 2 cases, including first impression search warrant question
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
GOP-led states lose bid to challenge immigration rule
A federal appeals court in California refused Thursday to permit 14 states led by Republican governors to challenge the overturning of a Trump-era immigration rule affecting hundreds of thousands of people. A panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 against permitting intervention by the states, including Indiana.
Judgment for state against insurer in Lawrenceburg official’s theft reversed
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Denial of grandparental visitation reversed in ‘unusual circumstances’
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.
Rush’s State of the Judiciary, released as online video, focuses on pandemic response
While the COVID-19 pandemic ruled out the traditional State of the Judiciary address to a joint session of the Indiana General Assembly in January, Chief Justice Loretta Rush’s address for 2021 released Wednesday takes the form of a video featuring judges and court officers discussing how the judiciary “adapted and innovated.”
Juvenile justice bill headed to Indiana House floor
The juvenile justice bill that national organizations say Indiana needs to ensure its children can move past the “poor decisions made during their childhood” is scheduled to arrive Tuesday on the Indiana House floor after two committees in the lower chamber voted unanimously in support of the measure.
Legislature’s approval of emergency session bill puts it on collision course with governor
Gov. Eric Holcomb will now get the chance to follow through on his pledge to veto a bill that would give state lawmakers the power to call themselves into session during public emergencies. The Indiana House and Senate on Monday gave their final approval to the measure that ultimately may end up in court.
Amid accusations, Lake, St. Joseph judicial nominating bill passes Senate
The Indiana Senate approved a bill reducing local attorney input into who serves on the judicial nominating commissions for Lake and St. Joseph counties Monday despite objections from Democratic senators, one of whom insinuated the changes were triggered by anonymous complaints from candidates who had lost out on judge appointments.
Marion County switches CASA contract from Child Advocates to Kids’ Voice
Kids’ Voice of Indiana, a nonprofit serving children and families, will take over the training and operation of the court-appointed special advocate program in Marion County courts May 1 after the city of Indianapolis switched the contract for the services from Child Advocates.
Court lets woman’s defamation suit vs. Trump proceed again
Former President Donald Trump could face questioning under oath about a former reality TV show contestant’s sexual assault allegations against him after a ruling from New York’s highest court Tuesday.