State will appeal IBM ruling
The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.
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Comment needed on bankruptcy local rule changes
The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.
State must pay $52M over terminated welfare contract
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
Clark County man waived right to appeal
A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.
Judges rule in favor of state in contract dispute
The Indiana Court of Appeals reversed a trial court judgment against the state in a lawsuit filed by a subcontractor working on an airport project in Gary, holding the lower court erroneously determined the state had breached a contract between it and the subcontractor.
Sex offender’s home ownership doesn’t impact residency restriction
A convicted sex offender who argued that a probation condition prohibiting him from living within 1,000 feet of a school is unduly restrictive on his property interest in a home he owns lost his appeal before the Indiana Court of Appeals.
COA upholds child exploitation convictions
The Indiana Court of Appeals found that the state presented sufficient evidence to support a Marion County man’s five convictions of child exploitation.
Court launches 2012 retention site
The Indiana Supreme Court’s Division of State Court Administration has designed a retention website for voters to learn about the six appellate judges up for retention this November.
Candidates answer questions about qualifications to be justice
The Indiana Judicial Nominating Commission began interviews with 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews are taking place Tuesday and Wednesday, and the commission will narrow the list Wednesday to those who will be interviewed a second time in August.
Indiana Court Decisions June 28 – July 11, 2012
Read appellate court opinions from June 28 to Julyd 11, 2012.
US Supreme Court: Criminal fines require jury finding
An end-of-term U.S. Supreme Court decision did far more than reduce a penalty in a federal criminal environmental judgment from $18 million to $50,000. It created a new reality for how the government will have to pursue such prosecutions in the future, experts say.
Settlement documentaries can be persuasive tool
Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.
Attorney registration portal revamped
State court officials heard the grumbling of lawyers who for the first time last year had to register, pay fees and provide contact information online. It was confusing, difficult to navigate and frustrating. Now it will be different.
Attorney staged his own shooting, authorities say
A southern Indiana attorney who reported he was shot at McCormick’s Creek State Park on June 25 staged his own shooting, authorities say.
US complaint: Plymouth reservist deprived of benefits
A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.
Appeals court affirms tax sale notice statute unconstitutional
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
In-court marijuana field test ruled error, but not reversible
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
Justices deny transfer in 16 cases
The Indiana Supreme Court denied transfer in 16 cases it reviewed in the week ending July 13, according to the transfer list released Monday.
Appeals court upholds rape conviction
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.