Courts

Lawyer sentenced for battery, confinement

January 1, 2008
Jennifer Nelson
An Indiana attorney convicted of sexual battery, criminal confinement and interference with reporting of a crime was sentenced March 6 in Porter Circuit Court. Michael Haughee had been found guilty of assaulting a woman in a wheelchair. Haughee received a concurrent sentence on all three counts of one year in jail and one year supervised probation. The Griffith attorney wasn't immediately taken into custody because Porter Circuit Judge Mary Harper agreed to consider whether to stay his jail sentence pending an appeal, said Porter...
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Counties, courts recover from flooding

January 1, 2008
Michael Hoskins
Johnson County Prosecutor Lance Hamner rushed to his downtown Franklin office on Saturday to save computers and files from floodwater.At first, water was about an inch high. Within an hour, the floodwater had creeped higher - he was being shocked while trying to salvage computers. The water suddenly reached 4 feet, making the prosecutor's office look more like an aquarium than an office. Rushing floodwater rose even higher, crushing doors shut, trapping him inside so that he couldn't even escape through...
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National Crime Victims' Rights Week events

January 1, 2008
IL Staff
To observe National Crime Victims' Rights Week, which kicked off April 13 and lasts through April 19, many communities in Indiana have organized events to recognize crime victims, survivors, and the service providers who come to their aid.Some events around the state include:Victim Assistance Candlelight Vigil, 5:30 p.m. today at the Allen County Courthouse, 715 S. Calhoun St., Fort Wayne. The event is sponsored by Fort Wayne Police Department Victim Assistance. Understanding & Investing in Children Trapped in Domestic Violence, 8...
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Restitution can't include security system costs

January 1, 2008
Michael Hoskins
State statute doesn't allow trial courts to order restitution to pay for installation of a security system in victims' homes, the Indiana Court of Appeals decided today.Ruling on Keith Elton Rich v. State of Indiana, No. 79A05-0712-CR-687, the appellate court reversed Tippecanoe Circuit Judge Thomas Busch's restitution order issued in October 2007. Rich had pleaded guilty to burglary and marijuana possession and received a 14-year sentence that was partially suspended to probation. As a condition of probation, he also was ordered to...
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Kazakhstan group visits Marion County courts

January 1, 2008
Jennifer Nelson
A group of about two dozen public administrators from Kazakhstan are in Indianapolis today learning about the state and local courts systems. The group visited the Marion County courts this afternoon.Judge Tanya Walton Pratt of Marion Superior Court welcomed them and gave an introduction about Marion County courts. She discussed the election process and the day-to-day work of a judge. After learning about our judicial system, the group toured several courtrooms and watched a jury trial, said Marion County Court Administrator Glenn...
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Court: evidence doesn't support sentence

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court threw out a life-without-parole sentence for felony murder because there wasn't proof the killing was "intentional," as state law requires for that penalty.In Hobert Alan Pittman v. State of Indiana, No. 31S00-0610-CR-355, Hobert Alan Pittman appealed his convictions and sentence of two consecutive life sentences for murdering his father and stepgrandmother, as well as a 73-year sentence for convictions of attempted murder, theft, auto theft, and conspiracy to commit burglary. Pittman's stepmother, Linda, and stepgrandmother, Myrtle, were returning...
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Judges: Evidence proves scienter in fraud case

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals upheld fines against two men convicted of defrauding investors, finding a reasonable jury would have found them guilty of scienter even though the defendants didn't take the stand. In Thursday's ruling in United States Securities and Exchange Commission v. Melvin R. Lyttle and Paul E. Knight, Nos. 07-2466, 07-2467, Melvin Lyttle and Paul Knight appealed the $110,000 fines each got following a grant of summary judgment in favor of the SEC on a variety of...
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Justices affirm sentence in child torture case

January 1, 2008
Michael Hoskins
For the first time, the Indiana Supreme Court today affirmed a trial court's sentence of life without parole for a Lafayette mother who had pleaded guilty to torturing and killing her stepdaughter.In Michelle Gauvin v. State of Indiana, No. 79S00-0702-CR-65, the state's highest court ruled 4-1 in a direct appeal that Tippecanoe Superior Judge Thomas Busch correctly sentenced the Lafayette mother for murder, confinement, and neglect of her 4-year-old stepdaughter, Aiyana. The girl died from head trauma in March 2005 after months...
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Hammond to host appeals court arguments

January 1, 2008
IL Staff
The Indiana Court of Appeals travels to Hammond April 7 to hear arguments in a case involving a dispute after the sale of real estate. Arguments begin at 10 a.m. CST in the Lake Superior Court, Civil Division No. 1 Courtroom, 232 Russell St., Hammond. In the case, Gladys E. Tobias v. Margaret and Thomas Mannella, No. 45A03-0708-CV-373, on appeal from Lake Superior Court, Judges Patricia Riley, James Kirsch, and Margret Robb are asked to decide whether the trial court erred...
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Applicants sought for $90,000 in grant funds

January 1, 2008
Rebecca Berfanger
The Heartland Pro Bono Council, which serves Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby counties in central Indiana, received a cy pres award of more than $65,000 late last year and the organization is looking to distribute the money in the upcoming months. That amount, along with other funds the HPBC has received in cy pres monies in recent years - totaling $90,000 - will be given in one grant or multiple grants sometime after June 5, 2008.Heartland is...
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Court rules on environmental cleanup case

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court ruled yesterday that the statute of limitations on a claim for contribution toward cleanup costs doesn't begin until the owner is ordered to clean up the property, regardless of whether the owner should have known about the contamination earlier. The issue in Richard U. Pflanz and Delores J. Pflanz v. Merrill Foster, individually, Merrill Foster d/b/a/ Friendly Foster's Service, and Sunoco Inc. (R&M),  No. 36S01-0710-CV-425, is when the 10-year statute of limitations began on a claim for...
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Suspended attorney gets 3 more months

January 1, 2008
Michael Hoskins
An Indianapolis attorney is getting one last warning from the Indiana Supreme Court before being suspended indefinitely from practicing law.Attorney Wilburn G. Lowry of Marion County received an additional 90 days on his suspension handed down nearly a year ago, with the court specifically noting in its Jan. 11, 2008, order that "any future suspension for failure to meet CLE or dues requirements shall result in an indefinite suspension."In the order In the Matter of Contempt of the Supreme Court of...
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Test run for SCOTUS arguments

January 1, 2008
Michael Hoskins
An Indiana case goes up to the U.S. Supreme Court in the final week of March to determine whether a man who's been found competent to stand trial is competent to represent himself in those court proceedings.Before that happens, though, the defense team representing the Indianapolis man is at the University of Illinois College of Law in Chicago getting a test run today in a mock argument of Indiana v. Ahmad Edwards, No. 07-208, which will go before the nation's highest court...
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Magistrate up for nomination vote

January 1, 2008
Michael Hoskins
The U.S. Senate Judiciary Committee is expected to vote Thursday morning on whether a federal magistrate in Indianapolis should be elevated to district judge for the Southern District of Indiana.A nomination vote for Magistrate William Lawrence is on the committee's agenda for the 10 a.m. meeting. The Indianapolis magistrate, who's been on the bench since 2002, went before the Senate committee in early May for his confirmation hearing. The president had selected him in February for the seat.If affirmed by the...
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Settlement may be largest of its kind: State agency resolves federal lawsuit that began with legal malpractice claim

January 1, 2008
Michael Hoskins
An Indianapolis law firm has been holding its breath for two years. Ever since getting hit with a potentially devastating $17.9 million jury verdict on a legal malpractice claim in state court, the 45-year-old law firm Fillenwarth Dennerline Groth & Towe hasn't been able to put the focus on its daily client business without acknowledging that dark storm cloud hovering overhead. Now, the storm cloud has dissolved. In what may be the state's largest-ever liquidation return of its kind, the Indiana...
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Indiana has voice in Second Amendment case

January 1, 2008
Michael Hoskins
For the first time in 70 years, the U.S. Supreme Court is testing the scope of the Second Amendment and could decide what "the right to keep and bear arms" means for the 21st century.Justices will consider the question Tuesday morning in District of Columbia v. Heller, 07-290, which involves a citizen's challenge to a Washington, D.C., law banning him from keeping a handgun in his home.At issue is to what extent the gun rights amendment to the Constitution applies to...
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Judicial nominees submitted to governor

January 1, 2008
IL Staff
The St. Joseph Superior Court Judicial Nomination Commission submitted five names today to Gov. Mitch Daniels to fill an upcoming vacancy after St. Joseph Superior Judge William T. Means retires Sept. 30.
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Federal magistrate faces Senate committee

January 1, 2008
Michael Hoskins
A federal magistrate nominated to become a Southern District of Indiana judge went before the U.S. Senate Judiciary Committee Thursday afternoon.Magistrate William Lawrence from Indianapolis faced committee members in Washington, D.C., to discuss why he should be promoted within the federal court's ranks. President George W. Bush selected him in February to succeed Judge John D. Tinder, whom the Senate confirmed to the 7th Circuit Court of Appeals last year. Magistrate Lawrence was appointed in November 2002 but had worked at...
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Justices split on rental restriction case

January 1, 2008
Michael Hoskins
In a ruling that could be the first of its kind in the nation, a divided Indiana Supreme Court Thursday afternoon reversed a lower court's ruling that a Kokomo subdivision's covenant restricting rentals violated the federal Fair Housing Act because of potential racial implications.The state's highest court has been quiet on the issue since hearing arguments in October 2006, but it simultaneously decided to grant transfer and issue an opinion in the case of Villas West II of Willowridge v. Edna...
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SCOTUS hears pro se competency case

January 1, 2008
Michael Hoskins
The Supreme Court of the United States heard arguments this morning in its third Indiana case in the past six months, pondering whether defendants found competent to stand trial maintain a right to represent themselves.In its first case of the morning at 10 a.m., justices took on Indiana v. Ahmad Edwards, No. 07-208, delving into what the Sixth Amendment dictates regarding competency standards for pro se litigants. Indiana Solicitor General Thomas M. Fisher argued for the state and shared his time...
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COA travels to Muncie, Oakland City

January 1, 2008
IL Staff
The Indiana Court of Appeals will make stops this week in Muncie and Oakland City to hear arguments in a public intoxication appeal and a negligence suit.On Tuesday, the appellate court visits Pruis Hall at Ball State University to hear arguments in Melissa Christian v. State, 49A02-0803-CR-272, in which Melissa Christian is appealing her Class B misdemeanor public intoxication conviction. She argues that because she was found by police in a parking area adjacent to a private residence, there is insufficient...
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Court affirms probation revocation

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed the revocation of a man's probation and imposition of a 12-year sentence for his probation violation even though the trial court erred in not allowing him to explain why he missed his mandatory drug screenings. In Brian Woods v. State of Indiana, No.49S04-0808-CR-469, the court examined the concept and implications of a "strict compliance" probation, which Woods was on after previously failing to make mandatory drug screenings. The trial court warned him that if he violated his...
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Justices: Arrest was valid

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has reversed a Marion County judge's ruling that officers from the Indianapolis Metropolitan Police Department don't have arresting authority because they didn't take an official oath following a merger.A unanimous ruling came today in State v. Cheryl Oddi-Smith, 49S00-0710-CR-396, which stems from Marion Superior Judge Rueben Hill's decision involving a three-car accident and subsequent drunk driving arrest a year ago. He ruled that Oddi-Smith's arrest was illegal because the arresting officer was not sworn in after the Jan....
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Justices rule on 'workplace bullying' case

January 1, 2008
Jennifer Nelson
The phrase "workplace bully" was applicable to a plaintiff's claims of assault and is an entirely appropriate consideration in determining issues before a jury, ruled the Indiana Supreme Court April 8. However, the court did not define in the opinion what makes a "workplace bully." The majority of Indiana Supreme Court justices affirmed the trial court jury verdict of $325,000 and judgment on a claim for assault against a surgeon.In Daniel H. Raess, M.D., v. Joseph E. Doescher, No. 49S02-0710-CV-424, Dr. Raess...
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Circuit examines ministerial exception

January 1, 2008
Michael Hoskins
Two former administrators of Salvation Army thrift stores in Indianapolis are appealing their lawsuit against the non-profit organization on grounds that they were wrongly denied overtime pay in violation of a federal labor law.But at issue in their federal case is whether they're classified as "employees" and whether a religious freedom exception barring courts from getting involved in church management can be applied to their employment law claims.The 7th Circuit Court of Appeals heard arguments Wednesday in Steve and Lorrie Schleicher...
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  1. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  2. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  3. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  4. Hi, Who can I speak to regarding advertising today? Thanks, Gary

  5. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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