Indiana judicial news

From Judgepedia

News about or affecting the judiciary in Indiana.

Former employees lose appeal for retirement funds

Indiana: Retired employees of Indianapolis Power & Light Co. lost an appeal in a case seeking more than $100 million from the company as part of a trust plan that was discontinued. The Indiana Court of Appeals ruled in favor of the company, but added that they do not condone IPL's actions in this case.^[1]

Three nominations made for Indiana District Courts

Indiana: Senator Evan Bayh of Indiana has announced two nominations to the Southern District of Indiana and one to the Northern District of Indiana. He said that President Obama has accepted the recommendation, and expects a formal announcement from the President when the Senate reconvenes after the 2010 winter recess.

The nominees are:

• Tanya Walton Pratt, Southern District
• Jane Magnus-Stinson, Southern District
• Jon E. DeGuilio, Northern District

If approved, Pratt would be the first African-American to serve the Southern District of Indiana, and she and Magnus-Stinson would double the number of women to serve the federal courts in Indiana history. ^[1][2]

Hamilton confirmed to Seventh Circuit

Indiana: Controversial nominee David Hamilton has been confirmed 59-39 by the Senate for a seat on the United States Court of Appeals for the Seventh Circuit. ^[1][2] Hamilton was the first nominee to the federal judiciary from President Obama, but his confirmation was delayed by Republican objections. He is the eighth of Obama's nominees to be confirmed. Senate Judiciary Committee member Jeff Sessions led a filibuster attempt against Hamilton which was defeated by a 70-29 vote. ^[3]

Until his elevation to the Seventh Circuit, Hamilton has been serving as the chief judge of the United States District Court for the Southern District of Indiana. He was nominated to that court in 1994 by President Clinton.

Death sentence vacated

Indiana: In May of 1997, John M. Stephenson received a guilty verdict and death sentence for killing three people in Warrick County, Indiana. He appealed his case to the Indiana Supreme Court on the basis of "ineffective counsel" because his attorney didn't object to him wearing a prisoner control device (a stun belt) in front of the jury that convicted him. The Supreme Court unanimously rejected his appeal.

After the Supreme Court rejected Stephenson's appeal, he took it to the federal level, where federal judge for the Northern District of Indiana, Theresa Springmann, overturned his guilty sentence and the death penalty in a 26-page ruling. She noted, "Due process mandates that John M. Stephenson is entitled to what he was denied: a trial without restraints".

The Indiana Attorney General, Greg Zoeller, said that he will appeal her order, either by asking her to reconsider or by taking it to the Court of Appeals for the Seventh Circuit. "The federal court's ruling this week is disappointing since we believe the Indiana Supreme Court ruled correctly when it denied Stephenson's petition for post-conviction relief on this very issue in April 2007," Zoeller said in a statement. ^[1]

Obama announces first judicial nomination

(March 18, 2009) "President Obama chose an Indiana judge with some bipartisan support for his first judicial nomination Tuesday, announcing he wanted to elevate U.S. District Judge David F. Hamilton to the U.S. 7th Circuit Court of Appeals in Chicago."

Judicial Commission Files Charges Against Allen Superior Court Judge

(7/15/2008) The Commission on Judicial Qualifications of the Indiana Judicial Nominating Commission filed formal charges of judicial misconduct against Kenneth Scheibenberger, alleging that Scheibenberger had, during another judge's sentencing hearing, verbally berated the family members of a defendant.

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