Courts

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,…

State courts can’t treat military retirement pay waived for veterans’ disability pay as marital property to be divided during divorce, the Indiana Court of Appeals ruled today.Citing caselaw from the nation’s highest court, a unanimous three-judge panel reversed and remanded a Randolph County decision in William A. Griffin, Jr. v. Shari L. Griffin, No. 68A01-0611-CV-491.William and Shari married in 1985 and divorced in 2006, agreeing as part of the dissolution to divide in half his $1,522 retirement pay from the U.S. Air…

The Indiana Supreme Court decided Thursday to consider a case that presents an issue of first impression regarding an Operating While being a Habitual Traffic Violator statute.In the case State of Indiana v. Karl D. Jackson, 29A02-0610-CR-867, the Indiana Bureau of Motor Vehicles determined in 2003 that Karl D. Jackson was a habitual traffic violator and suspended his license. The state agency mailed a notice to Jackson, but he hadn’t notified the BMV that he had moved so he never received it.A…

The Indiana Court of Appeals has reversed a voluntary manslaughter case on grounds that prosecutors waited too long to file charges.Appellate judges issued a decision today in Ralph Barnett v. State of Indiana, 48A02-0605-CR-389 which stems from a 1993 physical confrontation at the Pendleton Correctional Facility. Barnett got into fight with fellow inmate Ricky Combs after being released from cells for a creation session, and Barnett maneuvered a handmade pick away from Combs before starting to walk away. When Combs attacked…

The court docket for the nation’s highest court is published, and the Supreme Court of the United States will hear arguments in an East Chicago case during the first week it returns in October.Justices will consider U.S. v. Efrain Santos as its sixth case of the term on Oct. 3, according to the session calendar. It will be the first Indiana case heard by the high court since the Hammond v. Indiana arguments in March 2006. The court agreed in April…

Suspicious camouflage-clad characters were thought to be creeping on the roof of the federal courthouse in Indianapolis this morning.But a report about 9 a.m. to the U.S. Marshals Office in Indianapolis turned out to be “completely unfounded,” according to senior inspector Mark Robinett.Rather than a viable security threat, though, the call from the Chase building across the street turned out to involve window washers, according to accounts from both Robinett and Jo McNight, chief deputy clerk at the U.S. District Court…

The Supreme Court of the United States today ruled that an invention can be too obvious for a patent.Taking up the patent issue and question of “How obvious is too obvious?” for the first time in 20 years, the court ruled unanimously in KSR International v. Teleflex that a gas pedal design was too obvious.Engineering company Teleflex sued KSR International, a Canadian maker of gas pedals, for alleged infringement of a patent it owned on an adjustable gas pedal assembly (which…

The annexation battle between Carmel and Home Place isn’t over yet.Residents in the unincorporated community voted Saturday to appeal the Oct. 17 decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578.Attorney Stephen Buschmann plans to file a petition this week asking the Indiana Supreme Court to hear the appeal. The Court of Appeals ruled in favor of Carmel last month, holding the city adequately proved it could afford to annex part of the nearby community and…

Parties have reached a tentative agreement in a case involving the firing of a Perry Township Schools superintendent, meaning a broader legal question arising from the possible appeal of a federal judge’s June ruling likely will have to wait for another day.Specifically, the issue would be the legal scope of a superintendent’s employment.The question arises in the case of embattled superintendent H. Douglas Williams, who was placed on paid indefinite administrative leave in November after a 4-3 vote by the school…

A Fort Wayne couple will get their day in court after the 7th Circuit Court of Appeals determined the Orland deputy town marshal violated the couple’s constitutional rights during an altercation at a towing lot three years ago.In Ryan L. Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland, the court ruled 2-1 Wednesday that the case shouldn’t have been dismissed by U.S. District Judge Theresa Springmann in Fort Wayne. The district judge had ruled that Norton, the town’s deputy…

The Indiana Court of Appeals hears arguments Tuesday in the second Carmel annexation case in the state’s appellate courts in a year.Arguments begin at 1 p.m. in City of Carmel v. Certain Home Place Annexation Territory Landowners, 29A04-0510-CV-578.The court had planned to consider the case a year ago, but delayed arguments until the Indiana Supreme Court could make a decision on a similar case also stemming from Carmel. That happened June 27 with the potentially landmark decision in City of Carmel,…