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Justices rule on sentencing scheme

The Indiana Supreme Court has once again influenced the state’s criminal sentencing scheme in a pair of rulings that are the latest in a post-Blakely world.Justices issued decisions Thursday in Rosalio Pedraza v. State of Indiana, No. 49S04-0711-CR-516, and Michael Sweatt v. State of Indiana, No. 49S02-0805-CR-290, which when read together offer trial courts guidance about using a person’s criminal history and enhancing penalties.The court held that double enhancements are allowed using a single element of criminal history, but consecutive sentences can’t be…

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Post-conviction relief case gets transfer

The Indiana Supreme Court granted transfer May 2 to a case in which the defendant was denied post-conviction relief. In Roderick Lee v. State of Indiana, No. 27A04-0705-PC-257, Lee filed a petition for relief asserting he received ineffective assistance from his trial and appellate counsel. The Indiana Court of Appeals rejected Lee’s arguments that his trial and appellate counsel – the same attorney – was ineffective because the attorney failed to argue that entering judgments on Lee’s convictions of burglary and attempted robbery violate…

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Court amends public accessibility, other rules

The Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality.

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ACLU wins day-old political-sign suit

Within a day of filing a federal lawsuit regarding Plainfield's ordinance restricting political campaign signs, the American Civil Liberties Union of Indiana can claim another win on an issue that's becoming more prominent statewide.

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Judge argues for suspension, not removal

A Marion Superior judge who's been suspended from the bench pending a final decision from the Indiana Supreme Court believes his penalty should fall somewhere between a public reprimand and removal.

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Future SCOTUS justices topic of event

With at least two anticipated vacancies on the United States Supreme Court within the next four years and numerous more vacancies at the Circuit and District Court levels, President-Elect Barack Obama will possibly appoint two U.S. Supreme Court justices in his first term in office.

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Judge: Sex offender law goes too far

Those registered sex offenders who’ve served their time and are no longer on probation or under court supervision cannot be required to give blanket consent to authorities for home and computer searches, the U.S. District Court Southern District of Indiana’s chief judge ruled late afternoon on June 24.U.S. District Judge David F. Hamilton in Indianapolis struck down a major portion of a new law set to take effect July 1, which would have required all convicted sex offenders to agree to…

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Governor appoints Bluffton judge

Gov. Mitch Daniels appointed a new Bluffton City Court judge Feb. 28, choosing a retired car dealership owner. Robert J. Bate succeeds Judge Gary Markley, who resigned Jan. 15.Bate was owner and president of Bob Bate Chevrolet Inc. in Ossian from 1979 to 2000. He was elected five times to serve on the Bluffton City Council between 1987 and 2007. Bate’s appointment is effective immediately.

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Technical glitch, now fixed, hits revised opinions

Attorneys who logged on this morning to the Indiana Judiciary Web site to read and print opinions were met with a challenge: you could view, but couldn’t print.The first Court of Appeals opinions of the New Year were password protected and locked so that people accessing the online opinions were unable to print them.That was an internal, unintended glitch and the problem’s been resolved, according to Supreme Court Administrator and Appellate Clerk Kevin Smith.The opinions posted earlier this morning disappeared temporarily…

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Non-violent orders challenged

The Indiana Coalition Against Domestic Violence with the assistance of pro bono attorneys in Baker & Daniels’ Indianapolis office filed notice of appeal July 22 for two non-violent contact orders issued in Marion County. The non-violent distinction means that the respondent can have contact with the petitioner as long as it isn’t violent contact. Earlier on the same day in Indianapolis, Carl Wills allegedly killed his ex-wife, April Wills, her boyfriend, and then killed himself. Records show that Carl had a history of…

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COA: State can’t claim adverse possession

The state can’t obtain title to a disputed tract of land through adverse possession because the state can’t satisfy the tax requirements in Indiana statute regarding adverse possession, the Indiana Court of Appeals ruled today in a case of first impression.In State of Indiana v. Jeanette Serowiecki, No. 56A04-0710-CV-576, the state appealed the trial court’s grant of summary judgment in favor of Jeanette Serowiecki on the state’s complaint to quiet title to an 18.6-acre tract of land in Newton County. Serowiecki is trustee…

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Court: father not responsible for late payment

The Indiana Court of Appeals reversed a trial court denial of a father’s post-dissolution motion for rule to show cause why his ex-wife shouldn’t be held in contempt, and remanded for the court to enter a new order. In John L. Richardson v. Susan E. Hansrote, No. 72A01-0706-CV-288, Richardson appealed the trial court denial, raising three issues: whether the trial court erred when it determined he had a child-support arrearage; whether the error by the court clerk, who mistakenly applied Richardson’s child…

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COA differs on when ‘critical stage’ starts

A panel of Indiana Court of Appeals judges agreed that a defendant’s motion to suppress evidence of a polygraph test should have been granted by the trial court. But the judges had differing reasons for granting the reversal of the trial court, with the majority deviating from precedent on when the right to counsel begins.In Thomas E. Caraway v. State of Indiana, No. 47A01-0709-CR-416, Thomas Caraway appealed the trial court’s denial of his motion to suppress and exclude all evidence of a…

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President signs new federal IP law: Legislation considers piracy issues, creates ‘copyright czar’

The United States is stepping up to better protect intellectual property. If there was any doubt before, it’s official now with a new law signed by President George W. Bush Oct. 13. Known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or PRO IP for short, the law is designed to strengthen existing copyright laws, create civil forfeiture clauses so equipment believed to be used in an IP crime can be seized, and establish a cabinet-level position…

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Administrative remedies must be exhausted

Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.

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