A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
A trio of opinions from the Indiana Supreme Court gives trial courts additional guidance about how to handle prisoner claims regarding how credit time is applied to sentences.The three-ruling package deal came down late Thursday, with the court simultaneously granting transfer and deciding Keith Neff v. State of Indiana, No. 49S02-0806-CR-362; and Charles Young v. State of Indiana, Nos. 27S02-0806-PC-363 and 27S02-0806-PC-364.Justice Frank Sullivan authored the decisions that are all designed to clarify a ruling the Supreme Court made in Robinson v….
Courts in 16 Indiana counties are seeking public comment on proposed local rule changes, including caseload allocations and court reporter services and fees. The comments are due by the end of June or the middle of July, depending on the county.Cass, Daviess, Lake, LaPorte, Madison, Miami, Jasper, Porter, St. Joseph, Vanderburgh, and Wabash are seeking comment on their courts’ caseload allocation plans. Jackson, Morgan, Perry, Ripley, and Warrick counties are seeking comment regarding court reporter fees.In addition to caseload plans, LaPorte…
The Evansville Bar Association has released the results of the survey of its members regarding the retention of three Vanderburgh Superior judges running for re-election in November.
One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
The Indiana Supreme Court is taking on three issues relating to sex-offender restrictions, from when juveniles can be placed on a statewide registry to whether someone can be placed on the list for life.Justices granted transfer in the past week for three criminal cases relating specifically to sex offenders and when people convicted of those crimes must have their names put on the online-accessible public registry.In J.C.C. v. State of Indiana, No. 49A02-0403-JV-266, the court is taking on a case that asks…
The Indiana Supreme Court says that insurance policy language “bodily injury” includes emotional distress subject to its own damage limits, but only if those making the claim are directly involved in the underlying accident or incident.A trio of anticipated rulings came late afternoon on Feb. 28 from the state’s highest court, with Justice Frank Sullivan authoring all three as they involve similar cases regarding insurance policy coverage of emotional distress. The cases are: State Farm Mutual Automobile Insurance Co. v. Patricia Jakupko, et…
The Indiana Court of Appeals reversed a defendant’s convictions of public intoxication and carrying a handgun without a license because there wasn’t enough evidence to prove either charge. In Cahisa Jones v. State of Indiana, No. 49A02-0708-CR-658, police responded to a call about suspicious activity at a location in Indianapolis. When the officers arrived, they saw a car parked in a private driveway behind a vacant house. Inside, Jones was lying in the front passenger seat with empty whiskey bottles and beer…
The Indiana Supreme Court vacated a judgment in favor of a plaintiff who claimed he was injured by slipping on diesel fuel at a gas station, because of a pair of jeans introduced as evidence on the first day of trial. Those jeans, which the plaintiff said he was wearing the day of the accident, were introduced by the plaintiff without communicating the discovery to the opposing party. In Speedway SuperAmerica, LLC v. Gerald and Madeline Holmes, No. 45S05-0711-CV-258, Speedway appealed the…
Attorneys who make civil filings are now paying for judicial salaries and future participation of magistrates in a state pension program.Civil filing fees increased slightly on July 1, raising the standard cost from $133 to $136 to pay for court administration and judicial salaries.The General Assembly increased the court administration fee from $3 to $5, and the judicial salaries fee went up from $17 to $18. Other fees remain unchanged.Some attorneys in Marion County have called the local clerk’s office to…
The Indiana Court of Appeals upheld a man’s convictions of failing to register as a sex offender, finding his argument “nonsensical” that his duty to register began before the statute was enacted.In Jesse S. McCown v. State of Indiana, No. 79A05-0710-CR-556, Jesse McCown appealed his two counts of failure to register as a sex offender, a Class D felony.McCown pleaded guilty in 1987 to child molesting and was sentenced to serve consecutive six- and two-year terms. In 1994, the General Assembly…
Attorneys who want to be a magistrate judge in the U.S. District Court for the Southern District of Indiana can now apply.
The Indiana Supreme Court granted transfer June 26 to a case involving a summary disposition in favor of the state on a post-conviction relief petition. In Shawn E. Norris v. State of Indiana, No. 43A03-0708-CR-396, Shawn Norris filed for post-conviction relief alleging newly discovered evidence. Norris’ stepsister told police that Norris had touched her daughter. Norris pleaded guilty to the charge of child molesting.After Norris was sentenced, he filed his petition for post-conviction relief and included an affidavit from his stepsister, saying…
Faced with the possibility of cutting even more from the Carroll County’s courts budget this year, that county’s judges stood firm against Carroll County Council requests to again slash the court’s budget. The judges sent a letter to the council stating if the Indiana Supreme Court would relieve the courts of some duties, then the court’s budget could be further reduced. The letter was sent to point out the absurdity of the requested cuts, said Carroll Superior Judge Jeffrey Smith. Cutting…
The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana’s prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties. In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state’s motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State…
he St. Joseph Superior Court Judicial Nominating Committee interviewed 15 candidates today to fill a vacancy on St. Joseph Superior Court. The vacancy will be created when Judge William T. Means retires at the end of this month.
The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.
The Indiana Court of Appeals reversed a trial court decision to allow a couple to inspect a company’s financial statements, finding the trial court relied only on an affidavit – and not testimony – to allow the inspection. In Bacompt Systems, Inc. v. Angelina Peck and David C. Peck, No. 29A02-0708-CV-646, the Pecks made separate written requests to view Bacompt’s financial documents. The Pecks, who lived in Pennsylvania, owned approximately 25 percent of the company’s stock. Prior to David C. Peck’s termination…
The Indiana Supreme Court has received an honorable mention in an international awards competition for its work on major technology initiatives, the court announced today.
An Indiana Court of Appeals panel disagrees about whether or not a parent who uses day care when he or she isn’t working is entitled to a child-support tax credit.In Craig Cross v. Victoria Cross, No. 49A05-0802-CV-94, authoring Judge Elaine Brown and Judge Paul Mathias ruled the trial court erred in ordering father Craig Cross to pay $30 more a week to pay for Victoria Cross’ work-related day care for their adult child with autism. At issue is whether or not the…