Indianapolis to host ALJ midyear conference
The National Association of Administrative Law Judiciary’s Midyear Conference is coming to Indianapolis April 6 – 8. This is the first time the city has hosted the event.
Courts
Articles
Couple not entitled to attorney fees under Crime Victims Relief Act
The Indiana Court of Appeals has affirmed that a Lake County couple who won a fraudulent misrepresentation judgment against the previous owners of the couple’s home are not entitled to certain fees under the Indiana Crime Victims Relief Act.
COA: Trial court is wrong to order shareholders to pay attorney fees
In a case that stems from a failed transaction in 2000 to purchase an event-decorating company, the Indiana Court of Appeals has reversed the order that shareholders of a corporation are liable for attorney fees on a wrongful stop-payment claim.
Indiana Supreme Court awards more than $232,000 in grants to counties
The Indiana Supreme Court has awarded $232,470 in grant money to 23 counties to support local family court projects. Since the Family Court project began in 1999, the Supreme Court had distributed more than $3 million in “seed money” to support family court projects.
Appeals court denies man’s request to be removed from sex offender registry
Using the “intents-effects” test, the Indiana Court of Appeals has affirmed that the additional registration requirements imposed on a man on the sex offender registry after a 2006 change in the law do not amount to an impermissible ex post facto violation.
COA affirms the voiding of $500,000 default judgment against American Legion post
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
7th Circuit affirms denial of motion to suppress search of car
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
Judge orders Floyd County to pay Camm defense attorneys’ bills
The dispute over trial expenses between the attorneys representing David Camm and Floyd County came closer to a resolution Wednesday with Judge Jonathan Dartt ordering the county auditor to pay about $140,000.
Judges split over Fourth Amendment violation
Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.
Mother’s appeal of termination of parental rights dismissed
The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.
Appellate court reinstates habitual traffic violator charge
Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.
Justices suspend David Wyser, former Brizzi deputy prosecutor
Former Marion County Deputy Prosecutor David Wyser, who pleaded guilty last year to bribery in a federal public-corruption probe, has been suspended from the practice of law.
Elkhart attorney suspended for ‘lack of respect’ for clients and courts
The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.
Judges decline to find OWI statute unconstitutional
The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
Mom and pop store can’t proceed pro se in Coach trademark lawsuit
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
Killer’s 50-year conspiracy sentence vacated as double jeopardy
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.
Appeal filed beyond 30-day limit must raise new facts
In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.
Disciplinary Actions – 2/26/14
Read who’s received a public reprimand and who has been suspended by the Indiana Supreme Court.
Indiana joins brief seeking to halt EPA-led plan to clean up Chesapeake Bay
Decades of squabbles over cleaning up one of America’s most historic but polluted waters resulted in an agreement between states and the federal government that supporters say could restore the Chesapeake Bay to a swimmable, fishable national treasure. But if Indiana and other states without a direct stake in the Chesapeake have their way, the cleanup hashed out between bay states and the Environmental Protection Agency will be stopped.
Campus fraternity chapter may be liable for alleged hazing injury
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.