Courts

The Indiana Supreme Court has set the execution date for a death row inmate whose requests for successive post-conviction proceedings were denied Monday.David Leon Woods is set for execution by injection before sunrise May 4. He is being put to death for the stabbing of an elderly DeKalb County man during a robbery in 1984.A Boone County jury convicted Woods of murder and robbery in the 1980s. He was found guilty of the murder of 77-year-old Juan Placenia, who was an…

Five new positions with the Indiana Supreme Court have been created to help kick-start a statewide case management system.The court ;s Judicial Technology and Automation Committee has posted the five openings and is accepting applications until March 30 for staff attorney, configuration and modification analyst, software quality assurance (SQA) lead analyst, court reporter SME, and a training and help desk specialist.Each position is dedicated to designing, developing, and implementing the largest technology project in the history of Indiana courts, according to…

The Indiana Judicial Center is notifying the legal community that August is the time to apply to help validate a new written test for the Court Substance Abuse Management Specialist credential.A public notice Wednesday set an Aug. 30 deadline for contractors to apply for consideration for this contracting opportunity. A credential is needed for anyone wanting to work for a court-administered alcohol or drug program, and the test gauges substance abuse knowledge.The application and procedure can be found online at http://www.in.gov/judiciary/notices/docs/ijc-pnco-080107.pdf….

Marion County judges are close to deciding who the next court administrator will be, according to presiding Superior Judge Gerald Zore. The four-judge executive committee received about 20 applications for the position and have interviewed five in recent weeks, Judge Zore said. The judges have narrowed the choice to a final applicant and Judge Zore said this morning an offer could be presented as soon as today. The person chosen would likely start in early July, he said. The executive…

Two decades after a bomb exploded in the Howard County Courthouse, new security measures are being implemented.County commissioners earlier this week passed new security rules requiring photo identification badges for employees, and metal detectors and X-ray machines at the public entrance. This comes after a decision last fall to use $29,295 of homeland security money for the upgrades and security officers. Certain visitors, including attorneys, can obtain a frequent visitor pass for $50 that allows them to bypass the detectors.Workers will…

The first consequence of an Indiana Supreme Court decision three weeks ago relating to sentencing statements can be found in a ruling today from the state’s Court of Appeals.In Sergio Ramos v. State of Indiana, 49A04-0609-CR-482, the court reversed and remanded a Marion Superior case relating to the sentence imposed following a guilty plea to attempted sexual misconduct with a minor. The trial court sentenced Ramos to 10 years executed, but it did not address aggravating or mitigating circumstances.That was wrong,…

The Indiana Supreme Court today delved into the meaning of “subcontractor” and determined that performance bond coverage for third parties only goes so far.Stemming from a certified question from the U.S. District Court for the Northern District of Indiana, justices considered: “Does a performance bond required by and issued in accordance with Ind. Code §8-23-9-9 afford coverage to a third-tier claimant?”Chief Justice Randall T. Shepard wrote the opinion saying the statute does not afford that coverage, noting that a subcontractor is…

If someone violates their probation, trial courts have the authority to modify a part of those probation terms and can add new conditions as they see necessary.The Indiana Supreme Court ruled today in Russell Prewitt v. State of Indiana, No. 10S04-0707-CR-294, arising out of Prewitt’s previous attempted cocaine possession conviction and subsequent probation starting in mid-2005. The state moved to revoke his probation twice within four months for alleged violations, and the trial court determined Prewitt had violated the probation. Clark Superior…

Indiana prosecutors worry about heightened suspicion of charging decisions they make as a result of the high-profile disbarment of a North Carolina prosecutor over the weekend.Talk started months ago as the situation escalated, but banter took a new surge this morning following Michael Nifong’s nationally televised disciplinary proceeding Saturday. He was disbarred for violating professional conduct rules in his prosecution of three Duke University lacrosse players falsely accused of rape.”Around the country and here, prosecutors are talking about the Nifong effect,”…

The Indiana Supreme Court today affirmed the convictions and post-conviction relief denial for a death row inmate convicted of murdering three people in Evansville in 1996.The 43-page ruling in Stephenson v. State, No 87S00-0106-PD-285 (http://www.in.gov/judiciary/opinions/pdf/04260701trb.pdf), affirms the post-conviction court ;s denial of relief for John Matthew Stephenson, who is sentenced to die for the 1997 convictions of burglary, theft, and the murders of John “Jay” Tyler, his wife, Kathy Tyler, and Brandy Southard relating to a drug-ring operation. He was sentenced…

Parents who successfully challenged the constitutionality of Evansville school fees have won another victory in Indiana appellate courts, this time relating to attorney fees.The Indiana Court of Appeals issued a 21-page decision today in Frank Nagy, et al. v. Evansville-Vanderburgh School Corporation, No 82A05-0609-CV-488, which involves a new issue stemming from an Indiana Supreme Court ruling last year. The case arose after the local district began charging every student a $20 student-services fee in fall 2002 as a way to make…

A decision now rests with Gov. Mitch Daniels of who will be the next judge on the Indiana Court of Appeals.After interviewing seven semi-finalists this morning and deliberating this afternoon, the Judicial Nominating Commission chose Dubois Superior Judge Elaine B. Brown, attorney Leslie C. Shively of Shively & Associates in Evansville, and Dearborn Superior Judge G. Michael Witte as finalists for the state’s second highest appellate court.The governor has 60 days to make a decision on who will succeed retiring Judge…