Courts

A mental retardation defense could prevent the state from seeking the death penalty in a case involving a Fort Wayne man accused of killing his wife and three children in 2005.Fort Wayne public defender Michelle F. Kraus plans to ask Allen Superior Judge Fran Gull to appoint an expert to evaluate accused killer Simon Rios in order to determine if he is mentally retarded.If that happens and an expert finds the 35-year-old Rios mentally retarded, state law does not allow him…

Two sets of arguments before the Indiana Supreme Court this morning gave justices a look at the scope of non-compete agreements, and how much parental privilege exists when it comes to discipline and corporal punishment.First, the jurists posed questions in Central Indiana Podiatry P.C. v. Kenneth J. Krueger, Meridian Health Group P.C., 29S05-0706-CV-256, which the Court of Appeals ruled on in January. The appellate court overturned a lower court decision and held the podiatrist, Krueger, should have stopped working pending trial after…

Arguments are set for 1 p.m. Sept. 18 in the City of Carmel v. Certain Home Place Annexation Territory. The appellate court had decided last year to put the case on hold until ruling came down from the justices; that happened June 27 with the potentially landmark decision in City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory Landowners http://www.ai.org/judiciary/opinions/pdf/06270701rts.pdf, 29S00-0608-CV-300.Carmel City Council voted to annex both areas in November 2004, but residents in the two areas challenged the…

The Indiana Supreme Court will host an educational seminar Wednesday about how Indiana adopted the first eugencial sterilization law in the world 100 years ago.A panelist discussion and presentation about the law will be from 3 to 4:15 p.m. in the Supreme Court ;s courtroom at the statehouse.Indiana passed the law in 1907, and subsequently similar laws were adopted in more than 30 states and a dozen countries worldwide. The Indiana Supreme Court overturned the state statute in 1921, but a…

The Indiana Supreme Court ruled today that the term “days” in the Wage Payment Statute refers to business days, not calendar days. The opinion also clarifies several school-related aspects relating to the state statute.A 13-page decision in Tabatha J. Naugle and Sandra M. Cain v. Beech Grove City Schools (http://www.in.gov/judiciary/opinions/pdf/04270701trb.pdf), 49S02-0606-CV-242, affirms a decision by Marion Circuit Judge Ted Sosin.Aside from the definition of days, justices also unanimously clarify a two-year-old ruling in Brownsburg Community School Corp. v. Natare Corp., 824…

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…

Hearing what happens at the Marion Superior Court Executive Committee meeting no longer means you have to attend the weekly gathering Friday mornings.Starting tomorrow, all you need is a telephone.The court will begin using a teleconferencing system for the 8 a.m. meeting, giving up to 30 people the option of listening and participating by phone rather than attending – which is still a choice.Topics on the Friday agenda for the four-person committee include building authority construction projects involving court build outs,…

Trial courts must issue sentencing statements that include a detailed account of the judge’s reasons for imposing penalties, such as aggravators and mitigators, the Indiana Supreme Court ruled today.Additionally, the state’s highest court has reiterated that it will only review a sentence on the grounds of abuse of discretion.In a ruling that answers questions left open following the 2005 revision of state law regarding Indiana’s sentencing structure, justices unanimously affirmed a Kosciusko Superior judge’s decision in Alexander J. Anglemyer v. State…

More than twice as many Indiana practicing attorneys were suspended this year for not paying their registration fees, compared to 2006.Those 133 attorneys were suspended this week from the practice of law – on top of 111 colleagues also suspended this week for not meeting continuing legal education requirements.A set of two orders came from the Indiana Supreme Court on Tuesday, though the registration fee suspension order wasn’t immediately available from the courts. It was posted online late Thursday. The orders…

Indiana Gov. Mitch Daniels will testify this fall in the ongoing federal court litigation involving recalled painkiller Vioxx, which is being blamed for thousands of heart attacks nationwide.Documents in the U.S. District Court, Eastern District of Louisiana’s online filing system show that subpoenas went out Tuesday, and Daniels will give a taped deposition in Indianapolis Sept. 11. Mississippi Gov. Haley Barbour is scheduled to do the same Sept. 4 in his home state.Both governors have ties to the drug industry -…

What is likely to be a ruling of first impression in Indiana and one of a few nationally, the Indiana Court of Appeals today reversed a ruling that had ended a grandmother’s visitation with her grandson following the adoption of her adult mother.The 11-page ruling comes in a guardianship action involving the minor, J.E.M, in Maxine E. Handshoe v. Jessica L. Ridgway, No. 76A03=0612-CV-603.Grandmother Maxine Handshoe is appealing the Steuben Circuit ruling that terminated her visitation privileges with her biological grandson,…