Russian lawyers in Indy to learn legal system
Five Russian lawyers currently are visiting Indianapolis to learn about United States' legal issues and legal system.
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COA: Dealership not denied due process
he Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.
Decomposition cleanup subject to lien law
A decomposing body left in a Johnson County home has led the Indiana Court of Appeals to analyze the state mechanic's lien statute.
Head Start considered a school
Teachers who work for a federally funded program to help children prepare for kindergarten are not eligible under Indiana statute for unemployment during summer breaks, the Indiana Court of Appeals ruled today. In South Bend Community School Corporation v. Linda D. Lucas, No. 93A02-0705-EX-387, the majority of judges agreed with South Bend that Head Start institutions should be considered schools under Indiana statute and therefore, its teachers are not allowed to collect unemployment during the summer. Lucas works as a teacher at…
Judges disagree on registration by homeless
Indiana Court of Appeals judges disagreed today in an opinion in which the majority ruled that a man who claimed he was temporarily homeless should be charged with violating the Indiana statute that requires registered sex offenders to provide their new address to authorities within seven days of a move. One judge dissented, saying their ruling would make homelessness a crime.Judges L. Mark Bailey and Ezra Friedlander affirmed Daniel J. Milliner’s conviction for failing to register as a sex offender and…
Lawyer suspended for conversion, lying
The Indiana Supreme Court suspended a Vanderburgh County attorney today for at least three years for committing what the court describes as the most serious of ethical breaches.The court came to its decision In the matter of: Douglas W. Patterson, No. 82S00-0402-DI-90, as a result of Douglas Patterson’s conversion of client funds, deceit in concealing his misconduct, and dishonesty with the Indiana Supreme Court Disciplinary Commission.Patterson was an associate at a law firm which maintained a trust account. In 1999, Patterson and…
COA mulls ‘fraud’ in paternity affidavit statute
A man’s paternity cannot be revoked three years after he and the child’s mother fraudulently signed an affidavit establishing that he’s the legal father, the Indiana Court of Appeals ruled today.The court’s unanimous ruling paves the way for a possible Indiana Supreme Court interpretation of this particular state statute, which this appellate panel believes was designed to protect a man’s paternal rights in the event he was defrauded – not when he was the one doing the deception along with the…
Court reverses joint tenancy interest ruling
The Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy in a property, finding the parties actually held one-third undivided interest as joint tenants.
Arguments set in Lake County early-voting case
The Indiana Court of Appeals will hear arguments in the Lake County early-voter registration appeal at 1:30 p.m. EDT Oct. 30 in the Indiana Supreme Court Courtroom, Statehouse Room 317, Indianapolis.
Justices: Act doesn’t allow interest
Interest may not be calculated on workers’ compensation benefits, including past-due medical bills, because Indiana legislation doesn’t expressly allow for it, the Indiana Supreme Court ruled today. In Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial Hospital, No. 93S02-0711-EX-561, Dr. Christopher Brown appealed the decision by the full Workers’ Compensation Board that he was not entitled to interest on past-due medical bills incurred from his treatment of a patient who was receiving workers’ compensation benefits from Decatur County Memorial Hospital. Indiana’s…
Social Security doesn’t go toward threshold
Social Security benefits can’t be counted toward the threshold amount of benefits that a person has to get in order to be eligible for benefits from Indiana’s Second Injury Fund, the Indiana Court of Appeals ruled today.The court tackled the issue of first impression in James Kohlmeyer v. Second Injury Fund, No. 93A02-0711-EX-1000, in which James Kohlmeyer argued Social Security benefits he received after becoming permanently totally disabled as a result of a work accident should count toward the threshold dictated under…
Federal judge won’t overturn jury verdict
Ruling on his first jury trial as a federal judge, U.S. District Judge Joseph Van Bokkelen declined to overturn a jury verdict in favor of a fired East Chicago worker who’d claimed she lost her job for political reasons.In an eight-page ruling on Aug. 1 in Blanca I. Camacho v. George Pabey, et al., No. 2:05-cv-456, Judge Van Bokkelen ruled that a reasonable jury had evidence to find in favor of Camacho and award her $250,000.Camacho was a restaurant inspector when…
Aspiring attorneys general face off: Other campaigns get the spotlight, but this one deserves a closer look
With at least two very closely watched races in Indiana – governor and president – and multiple political theories about how either race will go, there’s bound to be less attention paid to some of the other candidates. But with Republican Gregory Zoeller and Democrat Linda Pence up for the attorney general post and the incumbent Steve Carter not running, this race is worth another look. At stake is the oversight of the state attorney general’s office, basically a very large…
Former Allen County judge dies
Former Allen Superior Judge Norman E. Baker died Wednesday in Fort Wayne. Baker, an Evansville native, served as an Allen Superior Court Civil Division judge. He also served as a senior judge in the court.
District Court didn’t err in Franks hearing
The 7th Circuit Court of Appeals upheld a defendant’s drug conviction following a Franks hearing, affirming the U.S. District Court’s decision to reconsider one of its findings and to not compel the government to identify the confidential informant in the case. The case of United States of America v. Antone C. Harris, No. 07-1315, made its way back to the 7th Circuit after the federal appellate court originally remanded the case to the United States District Court, Southern District of Indiana, Indianapolis…
Appeals court to visit Marion, Vigo counties
The Indiana Court of Appeals continues to travel around the state this month, making stops in Marion and Vigo counties Tuesday. Judges Patricia Riley, James Kirsch, and Margret Robb will hear arguments in Gary and Katherine Hoesman v. Daniel Sheffler, et al., No. 77A01-0708-CV-385, at 10:30 a.m. in the Cecilian Auditorium in the Conservatory of Music Building at the St. Mary-of-the-Woods College in Vigo County. In this case, a trust’s beneficiaries discovered the trust administrator had converted funds for her personal…
Conspiracy, false statements convictions stand
The 7th Circuit Court of Appeals has affirmed the convictions of participating in a price-fixing conspiracy and making false statements to federal law enforcement of an Indianapolis man involved in a concrete price-fixing scheme. In United States of America v. Christopher A. Beaver, No. 07-1381, Beaver appealed his convictions, arguing the government failed to prove at trial a price-fixing conspiracy existed, that he joined the conspiracy, or that he made false statements. Beaver, as operations manager of Beaver Materials Corp., was one of…
Commission admonishes Howard County judge
A Howard Superior judge has received a public admonition for his April 2008 actions in that county's prosecutor's office. In lieu of filing formal disciplinary proceedings, the Indiana Commission on Judicial Qualifications issued the admonition, as allowed by the Indiana Supreme Court.
Riverboat not covered by Jones Act
A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.
COA to travel to Wabash College
The Indiana Court of Appeals will hear arguments Feb. 26 at Wabash College in Crawfordsville. Judges Patricia Riley, James Kirsch, and Melissa May will hear the appeal from Monroe Circuit Court of H.D., et al. v. BHC Meadows Hospital, Inc. at 3 p.m. In this appeal, the court is asked to decide whether the Indiana Medical Malpractice Act requires a juvenile and his or her parents to bring claims from a breach of patient confidentiality before a medical review panel prior…