Longtime Madison County judge dies
A longtime Madison County judge died suddenly Wednesday. Judge David W. Hopper, 60, had served as a jurist for a total of 28 years.
Courts
Articles
COA: Plaintiff class in FSSA suit too broad
The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.
ACLU sues State Board of Law Examiners
The ACLU of Indiana has filed a lawsuit against the members of the Indiana State Board of Law Examiners, alleging the state's bar examination application violates the Americans with Disabilities Act.
Single larceny rule doesn’t apply in case
The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.
Supreme Court grants 3 transfers
The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.
Lawyer failed to deny note execution under oath
Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.
President picks prosecutor for Northern District
The veteran federal prosecutor who’s filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who’s been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen’s confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several…
High court grants 6 transfers
The Indiana Supreme Court granted transfer to six cases April 9, including one involving an election dispute for the mayor of Terre Haute, termination of parental rights cases, and a case involving an injury on school property.
COA to hear arguments at school
The Indiana Court of Appeals travels to Oxford Tuesday to hear arguments in a drug case.
Cinergy trial ends with split verdict
A federal jury returned a verdict that a major energy company violated clean-air rules at a coal-fired power plant along the Ohio River in southeast Indiana.
Judges: Court should have questioned jurors
Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
COA split on which statute of limitation applies
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
Statute doesn’t authorize dismissal of charges
Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.
Court upholds injunction in easement case
The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.
Second Cinergy trial starts in Indy
A second clean-air violation trial is underway in Indianapolis about whether coal-fired power plant modifications triggered a need for new pollution-control equipment at facilities in Indiana and Ohio.
No error in sanctions against state
A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.
Township assessor loses appeal
The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.
Judge holds public hearings on foreclosure rule
Marion Superior Judge Cynthia Ayers is holding public hearings today and Thursday regarding the proposed local rule, 49-TR85-231, which would require mandatory mediation for mortgage foreclosure cases in Marion County.
Foreclosure programs aimed at judges, lawyers
The Indiana Supreme Court announced today it's partnering with Indiana Legal Services Inc. and the Legal Aid Society of Southwest Ohio to sponsor training for attorneys, judges, and mediators about how to help families facing foreclosure.
BREAKING: U.S. Senate committee OKs judicial nomination
The Senate Judiciary Committee has just voted in favor of U.S. District Judge David F. Hamilton's nomination to the 7th Circuit Court of Appeals.