14 apply for Court of Appeals vacancy
Four trial judges and 10 attorneys have indicated they would like to be the next Indiana Court of Appeals judge.
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Suit claims marriage statute unconstitutional
A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.
State concedes traffic stop was invalid
On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
Judges uphold jury’s rejection of insanity defense
A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.
COA reverses in foreclosure dispute
The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.
No error in admitting deposition testimony of witness
The Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.
Judges uphold drug convictions and sentence
A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.
Man can’t prove ineffective lawyer assistance
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.
Changing, walking to workstations not compensable acts
The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.
7th Circuit rules Lilly sales reps not entitled to overtime
Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
Indiana Supreme Court takes two cases
The Indiana Supreme Court has granted transfer to two cases for the week ending May 3 – one involving a physician, and one involving a man convicted of child molesting.
Indiana Court Decisions – April 19-May 2, 2012
Read opinions from Indiana’s appellate courts and the 7th Circuit Court of Appeals.
Shepard receives ICLEF award
The Indiana Continuing Legal Education Forum recently gave Randall T. Shepard, former Indiana chief justice, an award for his contributions to continuing legal education.
Child Advocates has been the voice of children for 30 years
As Court Appointed Special Advocate for Marion County, Child Advocates is celebrating its 30th anniversary, having assisted more than 75,000 children since its inception. Today, the organization advocates for every child involved in a Marion County abuse or neglect case – more than 5,000 annually – with the help of more than 400 volunteers.
Massa investiture ceremony held Monday
Mark Massa was robed as the 107th justice of the Indiana Supreme Court in an investiture ceremony held Monday in the Supreme Court Courtroom.
Justices to decide case questioning health care costs charged to uninsured patients
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
Disbarred attorney accused of forgery
Rodney P. Sniadecki, a sole practitioner in South Bend who was disbarred by the Indiana Supreme Court in 2010, has been indicted on three counts of forgery.
Vacancies on federal bench will be topic of White House meetings Monday
Reba Boyd Wooden, executive director of the Center for Inquiry-Indiana, will travel to Washington Monday to meet with White House officials about the vacancy crisis in America’s federal courts.
Attorney sentenced to 8 years for theft
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.