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Court to consider juvenile detention funding

The Indiana Court of Appeals is considering a case this week that has statewide implications on who must pay to operate juvenile detention facilities – the state or individual counties.Arguments are set April 17 in Marion County and St. Joseph County v. State of Indiana, 73A01-0705-CV-238, a suit the counties brought after Indiana tried to recover about $75 million it spent in operating juvenile detention facilities in those two areas. The court will decide whether the trial court erred in entering a decision…

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Judge denies motion to reconsider

A federal judge took some time this week to defend a previous decision that dropped Indiana as a defendant in a suit filed by a Fort Wayne man who accuses police, prosecutors, and the Allen Circuit Court of discriminating against him.Pro se plaintiff Derrick O. Martin asked U.S. District Judge Philip Simon, Northern District of Indiana, Fort Wayne Division, to reconsider the court’s ruling from earlier this year. The judge issued a three-page opinion Wednesday denying the request that claimed the…

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COA sides with Lauth in casino suit

Indianapolis commercial developer Lauth didn’t breach a joint venture contract or any of its duties with other parties by partnering with the Bloomington-based Cook Group on an Orange County riverboat casino project, the Indiana Court of Appeals ruled today.In a unanimous holding in Lauth Indiana Resort & Casino LLC v. Lost River Development LLC, et al., 29A02-0710-CV-839, the court ruled on an issue of first impression about when a joint venture terminates in situations where the agreements contain no specific termination date,…

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SCOTUS hears voter ID case

Arguments played out in the Supreme Court of the United States this morning on the legality of Indiana’s voter identification law.The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state’s three-year-old voter photo ID law that’s been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.Stakes are…

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Appeal likely in license-plate fee suit

The Indiana Court of Appeals will likely be asked to consider whether the Hoosier license plates proclaiming “In God We Trust” violate the state constitution regarding the fees not attached for motorists.Following a ruling released Thursday by Marion Superior Judge Gary Miller, the American Civil Liberties Union of Indiana plans to appeal on behalf of a Fort Wayne man who sued over the plate a year ago. At issue in Mark E. Studler v. Indiana BMV, No. 49D05-0704-PL-016603, was the $15…

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Federal death penalty trial still possible

The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.

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COA affirms $17.9 million judgment against firm

Two years ago, a jury hit an Indianapolis law firm with a $17.9 million verdict after it found the firm liable for a failed health plan that left 8,200 Hoosier with unpaid medical bills.The Indiana Court of Appeals affirmed an appeal from that general jury verdict and judgment in favor of the state’s insurance commissioner, Jim Atterholt. The 37-page opinion, which includes a two-page dissent from Judge Carr Darden, comes in Frederick W. Dennerline III, and Fillenwarth Dennerline Groth & Towe…

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COA upholds Plainfield parks ban

The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.

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COA affirms dismissal of complaint

An Anderson man who filed a complaint against the officers that arrested him and two police departments filed his civil action outside of the statute of limitation, the Indiana Court of Appeals ruled April 28.The appellate court agreed with the trial court in Jon S. Johnson v. Stephon Blackwell, et al., No. 49A02-0709-CV-759, that Johnson filed his four-count complaint against two detectives, the Madison County Sheriff’s Department, and the Anderson Police Department after the two-year statute of limitations expired. After receiving a…

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Juvenile court to be featured in documentary

A Lake County juvenile court will once again allow cameras in to capture the inner workings of the court for a nationally broadcast documentary.Indianapolis documentary filmmaker Karen Grau will have access to Judge Mary Beth Bonaventura’s courtroom in Crown Point to film and produce six, one-hour documentary programs. The goal of the series is to shed light on the issues facing the courts and children served by the court. Because of the nature of the documentary, the Indiana Supreme Court authorized…

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Indiana lawyer helped reporter win in Africa

A case where an African country’s government was accused of kidnapping and torturing a journalist was decided on June 5 in favor of the reporter and his family.Indianapolis attorney Dan Byron assisted the Ghana-based Media Foundation for West Africa, which filed the suit on behalf of Chief Ebrima Manneh.Byron spent October and November in Africa and has remained in touch with the foundation’s attorneys since then.In what Byron called a “good day for human rights and press rights in West Africa”…

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Director elected VP of court administrators group

Lila Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected to serve as the vice president of the national Conference of State Court Administrators for the 2008-09 term.

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Indiana State Bar Association files new trust mill suit: Indianapolis company accused of unauthorized practice of law

A decade ago, Vesser and Helen Davis met with an estate planning company representative about how to divvy up their assets and their Hamilton County farm. That representative drew on a flipchart, illustrated ways a partnership and corporation could be set up, outlined differences between wills and trusts, explained the probate process, and advised the pair how they could arrange their finances and establish a corporate structure for the family farm business. In the end, they paid thousands of dollars for…

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Panel to discuss race, death penalty

The Black Law Students Association and the American Constitution Society of Indiana University School of Law – Bloomington are sponsoring the program, “Intersection of Race and Jury Composition with the Death Penalty” April 1.Panelists for the program are: Marla Sandys, associate professor of criminal justice at IU – Bloomington; Paula Sites, Indiana Public Defender Council; and Jessie Cook, an attorney in private practice who has dealt with death penalty cases. In addition to discussing the issue of race and the death…

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Prosecutor files to suspend judge’s license

The Marion County Prosecutor’s Office will ask that Allen Circuit Judge Thomas Felts’ driver’s license be suspended following the results of a blood test. The prosecutor’s office received the results this morning, which showed Judge Felts’ blood alcohol level was 0.19 when he was tested July 18. Matthew Symons, spokesperson for the Marion County Prosecutor’s Office, said the office would file a motion to suspend Judge Felts’ license today. It is up to the trial court judge whether or not the…

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COA: Bank not required to restrict withdrawals

The Indiana Court of Appeals today reversed a small claims court ruling that held a bank in contempt for failing to restrict the withdrawal of funds from a garnishee’s account, noting the bank followed procedure according to Indiana Code. In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, No. 02A03-0801-CV-2, the appellate court had to interpret I.C. Section 28-9-4-2 to determine whether a depository financial institution that has received notice of garnishment proceedings…

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Builders want impact fee case dismissed

The Builders Association of Greater Indianapolis wants a lawsuit dismissed that involves the lawfulness of park impact fees in Zionsville. Attorneys for BAGI filed a motion for summary judgment on March 5 in Builders Association of Greater Indianapolis v. Zionsville, which was filed in October 2006 and challenges the town’s impact fee ordinance adopted in 2005.Park impact fees go to recreational land and facilities necessitated by new residents, and are usually paid for by homebuilders when obtaining a building permit to…

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Court will hear attorney withdrawal case

The Indiana Supreme Court has agreed to take a case exploring how litigants can proceed on their own after the attorney withdraws prior to trial, particularly when a language barrier may exist.

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Missing records case affirmed

Don’t go looking for any reference in a Thursday memorandum opinion relating to missing court files in an Allen County murder case. You won’t find one.The Indiana Court of Appeals affirmed the murder conviction of Daniel Favela, whose case made the news last year after his mother had been jailed for about two weeks on contempt of court charges for taking, hiding, and refusing to turn over the 13-volume file in her son’s appeal. Adela Favela finally returned them to Allen…

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