7 named as justice semi-finalists
Four men and three women have been named semi-finalists to become the next Indiana Supreme Court justice.
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Articles
7th Circuit affirms inmate has no property interest in fund
The 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property interest in prison recreation funds.
Evidence supports elevated burglary conviction
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
Court erred in granting change of judge
The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.
High court to hear legislative fines appeal
The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.
COA affirms original sentence revision
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
Court does not have subject matter jurisdiction over child support
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
Judges affirm credit restricted felon status
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
Comment sought on proposed changes to parenting time guidelines
The Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time guidelines, which includes parenting coordination guidelines.
Mock trial judges needed
Indiana’s Mock Trial Program is seeking attorneys and other volunteers to help with the state competitions this year and in 2013. Indiana will host the National Mock Trial finals in 2013.
Court split on dismissing murder, attempted feticide charges
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
Justices take secretary of state case
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
Judges reverse felony sexual battery conviction
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
Homeowners’ association can enforce ban on child day care
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
7th Circuit dismisses South Bend’s appeal
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
Justice interviews begin Wednesday
The interviews of the 15 applicants to be the next Indiana Supreme Court justice begin Wednesday afternoon in the Indiana Statehouse.
Judge orders refund of legislative fines
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
Student sues over ‘I (heart) BOOBIES’ bracelet
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of a northern Indiana middle school student who believed he would be expelled if he didn’t cover up his bracelet that said “I (heart) BOOBIES.”
Governor appoints interim secretary of state
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
Justices accept 2 cases
The Indiana Supreme Court granted transfer to two cases, including one involving the validity of a search warrant.