COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
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Justices set man’s execution date
The Indiana Supreme Court has ordered the man convicted of killing his wife, her ex-husband, and her son be put to death in April.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
Judges find enhancement doesn’t violate double jeopardy principles
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
Security increased following threats to judge
The Huntington County Sheriff’s Department has taken steps to protect a northeastern Indiana judge after learning of threats made against the judge late last week.
Chief justice to give State of Judiciary Wednesday
Indiana Supreme Court Chief Justice Randall T. Shepard will give his 24th State of the Judiciary Wednesday in the Indiana House Chambers.
SCOTUS declines to consider Indiana case
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
Judges reverse man’s removal from sex offender list
A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
COA finds inmate’s post-conviction relief process ‘confusing’
The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.
Justices accept 4 cases
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
Brizzi disciplinary case poses ‘actual prejudice’ question
Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.
BLE suit moves forward
Even as the Indiana Board of Law Examiners searches for a new leader, a federal lawsuit remains pending against the state agency’s questions to prospective lawyers about their mental and emotional health.
JTAC fee, court-reporter licensing bills proposed
Court reporters would need licenses, there would be more money to implement the statewide case management system in trial courts, and convicted sex offenders would be banned from public libraries if these bills introduced this session become law.
General Assembly returns for 2011 session
The Indiana Senate and House of Representatives reconvened this afternoon to begin the 2011 long session. The legislators still have time to file bills, but there are already several bills introduced that may affect Indiana courts and the legal community.
7th Circuit first to decide on resentencing, procedural rule issue
The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.
Justices appoint Terre Haute judge pro tempore
Judge Sarah K. Mullican was appointed by the Indiana Supreme Court as judge pro tempore in Terre Haute City Court, effective Jan. 1, 2011. She was previously the commissioner for the Title IV-D Court in Terre Haute, which deals with the non-payment of child support.
Justices take case involving stillborn fetus and Med-Mal Act
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
Supreme Court posts foreclosure best practices
The Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require those recommendations in mortgage foreclosure proceedings.
Judge Margret Robb to lead Indiana Court of Appeals
Though she’s been on the appellate bench for 12 years, Judge Margret Robb is now adding a new distinction to her judicial title.
Offensive language results in disciplinary actions
Complaints based on a misconduct rule regarding how an attorney could offend others through prejudicial words or actions resulted in disciplinary orders in May and December 2010.