Courting civility
The Indiana Trial Lawyers Association joined with the Defense Trial Counsel of Indiana to promote courtesy among adversaries. The two held a seminar on civility at Indiana University Robert H. McKinney School of Law.
Courts
Articles
Federal Bar Update: 6-month update on changes to removal statutes
As readers will recall, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 took effect Jan. 6. Since the act took effect, it has been cited by name in 13 reported decisions, most of which simply deal with the effective date of the act.
Disciplinary Actions – 6/8/12
Learn who’s been suspended, reinstated, or had charges dismissed.
Zero tolerance in schools could lead to problems for students in future
Indiana’s effort to study juvenile justice issues has stalled as the group waits for the governor to appoint a chair.
COA finalists named
Marion Superior Judge Robert R. Altice Jr., public defender Patricia Caress McMath and Madison Circuit Judge Rudolph R. Pyle III have been chosen as finalists for the Indiana Court of Appeals.
SCOTUS rules in favor of Indianapolis in sewer dispute
The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
Tax Court denies bid to dismiss medical supplier’s refund suit
A medical supplier’s lawsuit seeking a refund of sales taxes its customers paid to purchase dialysis equipment will go forward, the Indiana Tax Court ruled.
More than 300 attorneys suspended for CLE, fee violations
The Indiana Supreme Court has suspended the licenses of 302 attorneys who failed to pay registration fees and/or comply with continuing legal education requirements.
7th Circuit affirms lower court in elaborate mortgage fraud case
The 7th Circuit Court of Appeals has affirmed a District Court’s conviction and sentence for a man who defrauded buyers and lenders in northern Indiana.
Shepard named to academic post
Former Chief Justice Randall T. Shepard has been named the first executive in residence at the Indiana University Public Policy Institute in IU's School of Public and Environmental Affairs. The appointment also includes a relationship with the IU Robert H. McKinney School of Law.
Appeals court upholds motion to correct error, voiding Elkhart tax deed
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
Defendants’ drug sentences ineligible for reduction
The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.
Court rules on inclusion of survivor benefits in child support obligation
The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.
Justices clarify previous decision on Criminal Rule 4(B)
The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.
Jackson County joins Odyssey
Jackson County is the latest county to go online with the case management system, Odyssey, which is implemented by the Indiana Supreme Court’s Division of State Court Administration’s Judicial Technology and Automation Committee.
Woman’s claim fails under modified impact and bystander rules
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
Judges order trial in drunk driving case
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
Pool’s owner did not breach any duty owed to boy
The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.
Judges uphold termination of parental rights
The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”
Smoking-ban lawsuits face long odds, legal expert says
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.