Indiana justices accept 2 cases
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
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Legislative groups to look at surrogate attorneys, funding for correction programs
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
Survey says: retain 2 Lake County judges
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
Bankruptcy court seeks comment on local rules
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
Weinberger sentenced to 84 months in prison
A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
Martin selected as U.S. magistrate judge in Hammond
John E. Martin will succeed Magistrate Judge Andrew P. Rodovich in the Northern District of Indiana’s Hammond Division, the court announced. Rodovich is retiring from the bench.
Court orders BMV to hold hearing on whether felon can get ID
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
Bankruptcy court attempts to clarify order distribution
Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.
Judges reaffirm 2 Weinberger patients’ psychological evaluations
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
Dealership gets court to dismiss claims made by Volvo
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
Delayed ordinance publication doesn’t affect power to annex
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.
COA affirms 5 child molesting convictions
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
Attorneys not entitled to fees after agency drops order
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
Court rules in favor of state in taking of property for I-69
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
Judges order Social Security Administration to take another look at man’s claim
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
Court upholds imposition of court costs
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
COA split over whether DCS has authority to interview sibling
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
Criminal recklessness code covers firing gun into car
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
COA finds church member’s lack of brotherly love not sufficient to uphold conviction
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
Indiana justices take no new cases
The Indiana Supreme Court rejected requests for transfer in 14 cases for the week ending Oct. 5, according to the transfer list released Tuesday.