Courts

Attorney blamed for lack of proper relief

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a decision by the U.S. District Court in Hammond in which two plaintiffs were injured by a drunk driver and then awarded less-than-adequate relief from a jury, agreeing that any proper relief denied to the plaintiffs was a result of their attorney.In Christina Soltys and Danuta Pauch v. Yvonne Costello, No. 06-3175, the 7th Circuit affirmed the District Court didn't err in denying the plaintiffs' eleventh-hour motion to amend their complaint to add a count...
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Five appellate jurists will be on ballot

January 1, 2008
Michael Hoskins
Michael W. Hoskins mhoskins@IBJ.com All of Indiana's appellate jurists facing retention this year will appear on November's ballot. Facing a Tuesday deadline to file retention paperwork, the five jurists have told Indiana Lawyer they hope to return to either the Indiana Supreme Court, Court of Appeals, or Tax Court. Chief Justice Randall T. Shepard, Justices Theodore M. Boehm and Brent E. Dickson, Court of Appeals Judge Carr Darden, and Tax Court Judge Thomas G. Fisher are up for retention. Late last week,...
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Governor appoints new Delaware Circuit judge

January 1, 2008
IL Staff
Gov. Mitch Daniels has appointed attorney Chris M. Teagle as judge of Delaware Circuit Court No. 5. Teagle succeeds Judge Wayne J. Lennington, who turned in his resignation from the bench earlier this year.Teagle, of Albany, has served in private practice in Muncie since 1985 and has had his own civil law practice since 1993. The Valparaiso University School of Law graduate will start May 16. Judge Lennington sent his resignation letter to the governor in March citing health reasons. An...
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Court upholds murder conviction

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a Brown County man's murder conviction, finding there was sufficient evidence to show he killed his wife in 2003. The man, Michael B. Smith, appealed his conviction, arguing evidence was admitted in violation of Indiana Evidence Rule 404(b) and that it was insufficient to support his conviction. Smith was found guilty of killing his wife Linda, whom he claimed he found alone in their hot tub after he fell asleep earlier in the evening. In...
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IBA seeks nominations for award

January 1, 2008
IL Staff
The Indianapolis Bar Association's Women and the Law Division is seeking nominations for its 2008 Antoinette Dakin Leach Award. July 31 is the deadline to submit nominations. The Antoinette Dakin Leach Award recognizes a female attorney for her professional and personal accomplishments. Nominees should be those who encourage other women to pursue a legal career or blaze a path not taken by others. Nominees will be evaluated on their accomplishments, service, mentoring, and professionalism. They will be honored at a luncheon this fall....
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Senate Judiciary OKs magistrate for judge

January 1, 2008
Michael Hoskins
U.S. Magistrate Judge William T. Lawrence in Indianapolis has just won unanimous approval from the Senate Judiciary Committee this morning to become a federal district judge.At the end of its 10 a.m. business meeting that concluded just before 10:30 a.m., the committee voted 10-0 in favor of Magistrate Lawrence's nomination for a judgeship in the Southern District of Indiana. His confirmation hearing was May 2.Now, Magistrate Lawrence awaits confirmation from the full Senate. The president had selected him in February to...
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7th Circuit: traffic stop constitutional

December 28, 2007
Jennifer Nelson
A traffic stop in which police found drugs after telling the defendant he was free to go did not violate the defendant's Fourth Amendment rights, ruled the 7th Circuit Court of Appeals today.
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7th Circuit upholds convictionRestricted Content

December 26, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a defendant's conviction and sentence for selling a firearm to a felon, ruling the wording of his indictment did not require the government to prove he knew about the gun buyer's past convictions
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7th Circuit rules on IUPUI discrimination caseRestricted Content

December 14, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals vacated one grant of summary judgment and affirmed another in favor of Indiana University-Purdue University Indianapolis in a discrimination suit.
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7 interview for COA; 3 finalists to be chosen

December 12, 2007
The Judicial Nominating Commission interviewed seven semi-finalists today for an opening on the Indiana Court of Appeals.
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7th Circuit rules on multiplicitous convictionsRestricted Content

November 21, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals encountered for the first time the issue of whether a single incident of firearm possession can support multiple convictions under United States Code when the defendant is included in more than one class of people who are disqualified under the statute from possessing firearms.
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ACLU: Full court should rehear prayer case

November 15, 2007
Michael Hoskins
The American Civil Liberties Union of Indiana wants the full 7th Circuit Court of Appeals to reconsider a case involving legislative prayer.
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Venue transfer hinges on type of organization

November 14, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion.
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15 apply for Court of Appeals opening

November 2, 2007
Michael Hoskins
Six trial court judges, seven attorneys, one state senator, and the head of the Indiana Prosecuting Attorneys Council are vying for a seat on the state's second-highest appellate court.
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6 attorneys apply for new judgeship

September 26, 2007
Jennifer Nelson
Six southern Indiana attorneys have applied for the new Jackson County Superior Court judgeship position that was created this year by the General Assembly.
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Court orders lawyer to prove suit not frivolous

September 20, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals today affirmed the orders of the District Court to grant summary judgment to defendants and also ordered the plaintiff's attorney to show cause why he shouldn't be sanctioned for filing a "frivolous" appeal.
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7th Circuit hears arguments on judicial free speech

September 17, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals heard arguments Friday morning in a case in which the state's Commission on Judicial Qualifications and Disciplinary Commission want the court to reverse the District Court's ruling that granted a permanent injunction against provisions in Indiana's Code of Judicial Conduct.
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ABA: Judge Tinder 'well qualified' for 7th Circuit

September 11, 2007
Michael Hoskins
The American Bar Association has given its highest ranking to U.S. District Judge John D. Tinder in his nomination for the 7th Circuit Court of Appeals.
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Administrator to lead national group

September 7, 2007
Michael Hoskins
The Indiana Court of Appeals administrator is now the president of the National Conference of Appellate Court Clerks.
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7th Circuit rules on garnished 'Sidewalk Six' moneyRestricted Content

September 5, 2007
Michael Hoskins
One of East Chicago's so-called "Sidewalk Six" convicts is the subject of a 7th Circuit Court of Appeals ruling today, though the case more accurately centers on the $25 million in restitution he was ordered to repay and whether those garnishments should be considered marital assets during his subsequent divorce proceedings.
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Vanderburgh expanding forensic diversion program

August 27, 2007
Michael Hoskins
A Vanderburgh County forensic diversion program is expanding to accept impaired drivers into the alternative sentencing program.
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Marion Superior judges on the move

July 20, 2007
Michael Hoskins
The Marion County Executive Committee is moving a criminal court judge to the civil side to replace Judge Cale Bradford, who's joining the Indiana Court of Appeals in August.
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Woman sues Crown Point defense attorney over fees

July 18, 2007
Michael Hoskins
Court battles aren't yet over for a Schererville woman sentenced to 27 months in federal prison after pleading guilty in May to facilitating prostitution and money laundering.
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7th Circuit issues U.S. Grand Prix rulingRestricted Content

May 25, 2007
Michael Hoskins
Race fans have a reason to watch the 7th Circuit Court of Appeals today.
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7th Circuit rules on police chase violationsRestricted Content

May 21, 2007
Jennifer Nelson
Police chases do not violate the Fourth and 14th Amendments when the officers involved do not intentionally and forcibly halt the fleeing subject, according to a ruling today by the 7th Circuit Court of Appeals.
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