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Monday, January 07, 2013

Courts - "Michigan Supreme Court Justice Hathaway to retire amid scandal"

This ILB post January 3rd quoted a report in the Detroit Free Press that:

Michigan Supreme Court Justice Marilyn Kelly leaves office Tuesday after 16 years on the state's top court, much of that time in the minority responding to opinions set by the conservative majority. * * *

Kelly, 74, is not hanging up her black robe by choice. The state Constitution bars judicial candidates over the age of 70 from running for office. * * *

University of Michigan law professor Bridget McCormack, who was endorsed by Democrats, won a seat in the Nov. 6 election and will replace Kelly on Tuesday.

It's not Tuesday yet, but this afternoon we learn, per this story by Paul Eagan in the Free Press, that:
Michigan Supreme Court Justice Diane Hathaway announced today she will retire from the bench Jan. 21 after the Judicial Tenure Commission filed a formal complaint calling for her immediate suspension from the bench for alleged “blatant and brazen violations” of judicial conduct rules the commission said were “unprecedented in Michigan judicial disciplinary history.” * * *

Hathaway’s pending retirement means Gov. Rick Snyder will be able to name her replacement, increasing the GOP majority on the court to 5-2 from 4-3. * * *

The Hathaway scandal is the biggest controversy to rock the state’s highest court since 1975, when former Michigan Supreme Court Justice John Swainson was indicted by a federal grand jury and later convicted of perjury.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Courts in general

Courts "Do police need a court order to get a blood sample from an individual suspected of drunk driving?"

That is the issue in the case of Missouri v. McNeely; the oral argument before the SCOTUS is this Wednesday at 10:00. Lyle Denniston of SCOTUSBlog has just posted a lengthy argument preview.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Courts in general

Ind. Courts - Even more on: "ACLU of Indiana Challenges Marion County Judicial Election System"

Updating this ILB entry from Dec. 29th, re Common Cause Indiana v. Indiana Secretary of State, which included links to the complaint and the motion to dismiss, an amended complaint was filed Jan. 3rd, expanding the suit to include the State Election Commission and the Governor.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Indiana Courts

Ind. Law - "Rep. Turner urges Indiana House to vote on gay marriage amendment"

Eric Bradner of the Evansville Courier & Press takes a comprehensive look this afternoon at the status of the pending constitutional amendment prohibiting same-sex marriage and similar arrangements.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Indiana Law

Ind. Decisions - Transfer list for week ending Jan. 4, 2012

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the May 20, 2012 list.]

Here is the Clerk's transfer list for the week ending Friday, Jan. 4, 2012. It is one page (and 26 cases) long.

Four transfers were granted last week:

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Indiana Transfer Lists

Ind. Decisions - Court of Appeals issues 0 today (and 1 NFP)

For publication opinions today (0):

NFP civil opinions today (0):

Term. of the Parent-Child Rel. of: C.A. & Z.A. (Minor Children), and H.A. (Father) v. The Indiana Dept. of Child Services (NFP) - "DCS established by clear and convincing evidence the requisite elements to support the termination of parental rights."

NFP criminal opinions today (0):

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Ind. App.Ct. Decisions

Courts - SCOTUS To Hear Gay-Marriage Cases March 26-27

See WSJ Law Blog entry here.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Courts in general

Ind. Gov't. - Profiles of Speaker Bosma, Governor-elect Pence

"With new power, House Speaker Brian Bosma's challenge is to channel it," a long profile in today's Indianapolis Star, written by Chris Sikich.

"Mike Pence - How the governor-elect found his conservative voice and a strategy for winning the race: keep it quiet." A 5,000-word profile by Craig Fehrman for Indianapolis Monthly.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Indiana Government

Ind. Decisions - "Durham won't have to pay to appeal $200M fraud conviction"

From the Indianapolis Star:

A federal judge says a former Indiana financier doesn't have to pay to appeal his conviction for swindling investors out of more than $200 million.

U.S. District Judge Jane Magnus-Stinson issued an order Thursday granting Timothy Durham's request to proceed with his case as an indigent.

Durham said last month that he had no money to file an appeal with the 7th U.S. Circuit of Appeals in Chicago because his multimillion-dollar home is in foreclosure and his financial assets are tied up in bankruptcy proceedings of the companies he used to control.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Ind Fed D.Ct. Decisions

Courts - "Fight over mandatory retirement for PA judges moves to federal court"

See How Appealing entry here.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Courts in general

Ind. Gov't. - "Changes coming for Porter gun permit applicants"

Phil Wieland reports in the NWI Times:

VALPARAISO | Beginning next Monday, the Porter County Sheriff's Department will no longer do fingerprinting for gun permits.

Residents of unincorporated Porter County must go to L-1 Identity Solutions at any of its area locations, including 2323 Willowcreek Road, Portage, to have their fingerprints taken and sent electronically to the state for approval. Residents must first fill out the permit application online with the state.

After filling out the application, residents have 30 days to schedule an appointment with L-1 online. No walk-ins are allowed, and L-1 charges $9.95 for the service and collects the state's application fee for the type of permit being sought.

Applicants also must go to the sheriff's department between 8:30 a.m. and 3:30 p.m. weekdays, except holidays, with a money order payable to the Porter County Sheriff's Department (no cash, checks or credit cards accepted) for the local fee and to sign the application.

Residents should bring their Indiana's driver's license or a photo ID showing their current address, along with their current gun permit, if applicable. * * *

Residents of the incorporated areas of Valparaiso, Portage, Chesterton, Porter, Hebron, Ogden Dunes, Burns Harbor or Beverly Shores must contact their city or town police departments for gun permit instructions.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Indiana Government

Catch-up: What did you miss over the weekend from the ILB?

Below is the answer to "What did you miss over the weekend from the ILB?

From Sunday, January 6, 2013:

From Saturday, January 5, 2013:

From Friday afternoon, January 4, 2013:

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Catch-up

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of (1/7/13):

Thursday, January 10th

Next week's oral arguments before the Supreme Court (week of (1/14/13):

Thursday, January 17th

Webcasts of Supreme Court oral arguments are available here.


This week's oral arguments before the Court of Appeals (week of 1/7/13):

Wednesday, January 9th

Next week's oral arguments before the Court of Appeals (week of 1/14/13):

Wednesday, January 16th

ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.

The past COA webcasts which have been webcast are accessible here.


NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.

Posted by Marcia Oddi on Monday, January 07, 2013
Posted to Upcoming Oral Arguments