Ethics commission to consider ex-BMV official’s settlement
The Indiana State Ethics Commission today will consider a settlement between the state and a former Indiana Bureau of Motor Vehicles official who faces ethics violations.
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Lawmakers considering prosecutor oversight in NY
New York lawmakers have begun examining whether prosecutors statewide need an oversight commission where other lawyers, defendants and the public can bring complaints of misconduct.
Lawsuit settled in police search that left girl traumatized
Two central Indiana communities have settled a federal lawsuit that alleged police violated the constitutional rights of a girl with autism during a search for a missing woman's body.
Mentally ill women should have attorney, 7th Circuit rules
The 7th Circuit Court of Appeals ruled a mentally ill woman who filed a federal lawsuit challenging her conviction and sentence for murder should have had a lawyer appointed to her and remanded the case to District Court.
Opinions June 8, 2016
7th Circuit Court of Appeals
Anastazia Schmid v. Steven McCauley, superintendent, Indiana Women’s Prison
14-2974
United States District Court for the Southern District of Indiana, Indianapolis Division, William T. Lawrence, judge.
Civil. Rules mentally ill woman appealing her murder conviction and sentence should have had an attorney appointed to her in District Court. Remands for court to appoint her one, as well as hold a possible evidentiary hearing.
COA: Juvenile court has no jurisdiction to modify custody agreement
The Indiana Court of Appeals ruled a juvenile court does not have jurisdiction to modify a paternity court’s custody order and sent the case back to the lower court.
COA majority: Mayor has power to terminate utility superintendent
The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.
Lawsuit: Ellen DeGeneres mocked woman’s name for breast joke
A Georgia real estate agent is suing the producer of the "The Ellen DeGeneres Show," claiming the comedian mispronounced her name to make a joke about breasts.
Congratulations, your genius patent is now a military secret
Just a handful of people find themselves in Jim Geer’s position, forbidden by the government from pursuing ideas laid out in patent applications due to national-security concerns.
Long-running suit over blocked Indiana strip club dismissed
A long-running federal lawsuit challenging a northeastern Indiana city's decision to stop a couple from opening a strip club has come to an end.
State appeals ruling for deaf litigant denied mediation interpreter
Indiana Attorney General Greg Zoeller’s office has appealed a federal court ruling that found a Marion County court discriminated against a deaf man in violation of the Americans with Disabilities Act when it rejected his request for an American Sign Language interpreter at a court-ordered mediation session during his child custody case.
Tax Court upholds $592,000 assessment on lakehouse
The Indiana Tax Court affirmed an appraisal of $592,000 for a woman’s property, holding the owner appealing the judgment failed to relate her evidence for a lower appraisal to a Jan. 1, 2008, valuation date.
Merck’s patent win over Gilead reversed over false testimony
Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.
Opinions June 7, 2016
Indiana Court of Appeals
Otter Creek Trading Company Inc. and Daniel Pohle v. PCM Enviro PTY, LTD.
40A01-1509-MI-1432
Miscellaneous. Affirms $147,000 default judgment for PCM after COA found the trial court did not abuse its discretion when it ruled Otter Creek’s reply to the complaint was too short after PCM sued for breach of contract because Otter Creek did not send a smelter PCM paid for. Also finds it didn’t matter that PCM did not have a certificate of authority and was not a full business, Otter Creek still needed to fulfill its contractual obligations.
COA affirms $147,000 judgment against smelter manufacturer
The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.
Judge in Stanford sex assault case called fair, respected
A judge who sentenced a former Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman used to play lacrosse at the school a few miles down the road from his courtroom, where attorneys said that he is respected and fair.
Slaughter to join Indiana Supreme Court Monday
Geoffrey G. Slaughter will be sworn as an Indiana Supreme Court justice next week, the court announced Tuesday. Chief Justice Loretta H. Rush will administer the oath of office Monday in a brief, private ceremony, which will allow Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
Republicans Zoeller, Walorski slam Trump on judge comments
Two top Indiana Republicans have condemned GOP presidential nominee Donald Trump’s comments about the impartiality of a Latino federal judge presiding over lawsuits involving Trump University.
Carmel facing another federal lawsuit for its traffic ordinance
Jason Maraman, who recently won a state lawsuit appealing his traffic ticket from Carmel, filed a new complaint in federal court on Friday. He is accusing the Carmel police officer who pulled him over of giving false testimony and targeting his vehicle for having an out-of-county license plate.
US justices take death row appeals, Virginia redistricting case
The Supreme Court of the United States accepted three cases Monday, including two that claim race is a factor.