The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.
The Indiana Court of Appeals had the opportunity to determine whether construction of a bridge and road is permitted under Indiana Code when establishing a conservancy district, but didn’t rule on the issue because taxpayers wouldn’t be responsible for paying for construction.In In re: Petition for the establishment of the Millpond Conservancy District, No. 76A03-0711-CV-536, remonstrators argued the trial court erred in establishing a conservancy district initiated by the Town of Hamilton. They claim because the construction of a road and bridge…
The League of Women Voters of Indiana filed a lawsuit today in Marion County challenging the state’s three-year-old voter identification statute recently upheld by the U.S. Supreme Court.At 2 p.m. today, the organization filed the suit with the Marion Superior Court against Indiana Secretary of State Todd Rokita, arguing that it has the standing to sue on behalf of its members because the state statute burdens potential voters and would cause the league to have to spend “precious resources” assisting voters…
Just one day after the general election, Indiana Supreme Court Chief Justice Randall T. Shepard will discuss the challenges of local government reform at an event organized by provocate.org.
The 7th Circuit Court of Appeals upheld summary judgment in favor of a northern Indiana school board regarding prior restraint and First Amendment retaliation claims made by a teacher.
Indiana Court of Appeals judges were split in their decision March 12 regarding whether a hospital that performed a surgery on a woman with suspected domestic violence injuries should have prevented her from leaving with her ex-husband and alleged abuser, who later killed both of them on the way home from the hospital. At issue in Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, is what duty the hospital owed to McSwane’s daughter, Malia…
The Indiana Court of Appeals ruled today that crops growing in the ground that haven’t been harvested are considered marital assets. This is the first time Indiana courts have ruled on the issue. In In Re the Marriage of: James R. Webb v. Nancy J. (Webb) Schleutker, No. 49A02-0707-CV-568, James Webb appealed the trial court decision to include soon-to-be harvested crops in the marital pot. The trial court issued its dissolution decree in February 2007, and included crops growing in August…
The Indiana Court of Appeals today ruled for the first time on an aspect of a state statute dictating when the Department of Child Services can initiate parental rights termination proceedings.A unanimous decision today affirms a trial court judgment in the case of In the Matter of the Termination of the Parent-Child Relationship of A.B. and Dawn B. v. Department of Child Services, No. 02A03-0712-JV-599. The appellant-respondent’s daughter, when she was 6, was hospitalized in 2002 for violent, uncontrollable behavior and the…
Although the United Parcel Service Inc. came out as winners in a discrimination case in the 7th Circuit Court of Appeals, love and marriage were deemed the losers by the appellate judges. In Gerald C. Ellis v. United Parcel Service Inc., No. 07-2811, Ellis filed a discrimination claim against UPS after he was fired for fraternizing with a fellow employee. Ellis, a manager who is African-American, claimed he was fired after his supervisors discovered he was dating and eventually married a white…
All of Indiana’s appellate jurists facing retention this year will appear on November’s ballot.Facing a Tuesday deadline to file retention paperwork, the five jurists told Indiana Lawyer they hope to return to the Indiana Supreme Court, Court of Appeals, or Tax Court. Chief Justice Randall T. Shepard, Justices Theodore R. Boehm and Brent E. Dickson, Court of Appeals Judge Carr Darden, and Tax Court Judge Thomas G. Fisher are up for retention.The Indiana Secretary of State’s Election Division reports that all…
A former chief judge of the Indiana Court of Appeals and a founder of the Indianapolis Bar Foundation died Thursday.
The Indiana Court of Appeals affirmed a trial court grant of summary judgment in favor of an insurance agent because it found her alleged negligence was not a cause of injury to the plaintiffs. At issue in Jerry and Becky French v. State Farm Fire & Casualty Company and Jane Hodson, No. 18A02-0612-CV-1161, is whether the trial court erred in granting summary judgment in favor of Hodson on the Frenches’ claim of negligent advice and procurement of insurance. The Frenches decided to…
The Indiana Supreme Court granted five transfers within the past week to cases dealing with traffic stops, life insurance polices, unpaid medical expenses, modification of a custody order, and plea agreements. The high court granted transfer and released its opinion yesterday in Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, involving a traffic stop and Sergio Campos’ arrest after police found drugs in the car. A story in today’s Indiana Lawyer Daily covers the Campos case in more detail. The Supreme Court granted…
The U.S. District Court for the Southern District of Indiana wants to hear from you. The court is seeking public comment on the revision of certain local rules. The proposed revisions look to modify Local Rule 5.1 – general format of documents presented for filing, Local Rule 6.1 – extensions of time, and Local Rule 56.1 – summary judgment procedure. Changes have also been made regarding the discipline imposed by other courts, reinstatement, and the service of papers and other notices.The…
Police and animal control officers were justified in removing malnourished animals from a property without a warrant, ruled the Indiana Court of Appeals today. The court also overturned a Bartholomew County man’s convictions of neglect on four dead horses because of lack of evidence they died of neglect.In Terry Baxter v. State of Indiana, No. 03A04-0710-CR-596, Terry Baxter appealed his convictions of four counts of Class D felony failure to properly dispose of a dead animal, and 12 counts of Class…
A defendant’s appellate counsel was not ineffective for failing to raise a Blakely claim on appeal because raising the issue was outside his counsel’s objective prevailing professional norms at the time, ruled a majority of an Indiana Court of Appeals panel today. However, the dissenting judge cited numerous examples of other counsel amending appeals with a Blakely claim during the same time period. In Steven Kendall v. State of Indiana, No. 49A05-0707-PC-391, Kendall appealed the denial of his post-conviction relief petition by…
In an issue that hasn’t been decided by Indiana courts, the Court of Appeals ruled that the “rescue doctrine” applies to people who are injured after stopping to help direct traffic after a car accident or other traffic issue. There is no clear answer in Indiana caselaw or other jurisdictions as to whether someone who helps direct traffic is considered a “rescuer” entitled to a rescue doctrine jury instruction, wrote Judge Michael Barnes in Star Transport, Inc. and Jeffrey Cottingham v. Hervey…
A Carroll Circuit judge received a public admonition from the Indiana Commission on Judicial Qualifications today in lieu of filing formal disciplinary proceedings. Hon. Donald Currie was arrested in December 2007 for public intoxication after a police officer saw the judge outside of his car near Interstate 65 in Boone County. The judge pleaded guilty to the Class B misdemeanor in Boone Circuit Court and is currently serving a one-year probationary sentence in Boone County. According to the public admonition, both…
A former Marion Superior judge and deputy prosecutor died May 2 after a long battle with cancer. Judge John R. “Jack” Barney Jr., 73, also served as a senior judge for Marion Circuit and Superior courts.Judge Barney, an Indianapolis native, earned his law degree from Indiana University School of Law in 1962 and joined his father’s law firm, Barney & Hughes, after graduation. He practiced at the firm, which later became Barney & Barney, until 1984. Judge Barney was a Marion…
Construction is set to begin this summer on the new federal courthouse in Terre Haute. The project is expected to be complete by summer 2009. The new courthouse will have 14,000 square feet of rentable space and will house the U.S. District Court for the Southern District of Indiana, U.S. Bankruptcy Court for the Southern District, clerks’ offices for both courts, U.S. Attorney’s Office for the Southern District, U.S. Probation Office, and U.S. Marshals Service. U.S. General Services Administration spokesperson David…