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Judge grants injunction for judicial candidates

January 1, 2008
Michael Hoskins
For the time being, Hoosier judicial candidates can't be sanctioned for answering a questionnaire about their views because of a federal judge's decision today.U.S. District Judge Theresa L. Springmann in Fort Wayne issued a preliminary injunction earlier this afternoon, stopping Indiana from enforcing rules that prohibit judicial candidates from responding to surveys on their views.The 36-page order came in Torrey Bauer et. al. v. Randall T. Shepard et al., No. 3:08-CV-196-TLS. The non-profit Indiana Right to Life Committee filed the suit...
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IBF seeks nominations, scholarship applicants

January 1, 2008
IL Staff
The Indiana Bar Foundation is seeking nominations for several pro bono awards and applicants for its scholarship for new attorneys to attend the Indiana State Bar Association's annual fall meeting. The Randall T. Shepard Award recognizes an individual's commitment and contributions to the pro bono movement in Indiana. The Pro Bono Publico Award highlights contributions made by volunteer attorneys to assist Hoosiers' access the justice system. The IBF also recognizes lawyers, law firms, and bar associations for excellence in providing information...
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COA cuts sentence for drug convictions

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a defendant's drug convictions, but found the trial court erred in sentencing him. As a result, the appellate court reduced his sentence by 33 years. In Gary L. Williams Jr. v. State of Indiana, No. 39A04-0708-CR-481, Williams appealed his convictions of and his 73-year sentence for dealing in cocaine, and possession of cocaine and marijuana. The Indiana Court of Appeals affirmed Williams' convictions on two counts of dealing in cocaine as Class A felonies, possession of...
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Sexual misconduct case gets transfer

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday in a case involving the liability of a township trustee for sexual misconduct of her employee. In Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township, No. 76A03-0704-CV-182, the Indiana Court of Appeals overturned the trial court grant of summary judgment in favor of Camille Clark, who is also referred to as Camelia in the brief.Clark's husband, Donald, was the deputy township trustee. Debra Barnett went to the trustee's office and met with Donald...
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SCOTUS limits pro se rights

January 1, 2008
Michael Hoskins
The U.S. Supreme Court has decided that states may require a criminal defendant who suffers from a mental illness to have a lawyer rather than allowing that person to act as his or her own defense counsel, even when the individual is competent to be tried.Vacating an Indiana Supreme Court decision from more than a year ago, the nation's highest court today issued its 7-2 ruling in Indiana v. Ahmad Edwards, No. 07-208, holding that states can restrict pro se representation...
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Court: Company not negligent in trust demise

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a magistrate judge's ruling in favor of a Michigan company on claims that it was negligent in managing an Indiana trust that eventually collapsed. Magistrate Judge John Paul Godich, of the U.S. District Court Southern District of Indiana's Indianapolis Division, granted summary judgment in favor of Benefit Actuaries on Indiana Funeral Directors Insurance Trust's claims that Benefit violated its fiduciary duty under ERISA, and negligently failed to provide competent advice while managing the trust.The...
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Leave act specific to alcoholism treatment

January 1, 2008
Michael Hoskins
An Indiana man sued his former employer for firing him on grounds that he missed too much work, arguing that he was covered by the federal medical leave act because he was getting treatment for alcoholism.But the 7th Circuit Court of Appeals determined today that the Family and Medical Leave Act doesn't protect workers from being dismissed. Because he missed three days of work just prior to being admitted for alcoholism treatment and that time combined with previous absences was enough...
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COA: Duty to defend not triggered

January 1, 2008
Jennifer Nelson
Frustrated with the parties involved in the litigation, the Indiana Court of Appeals April 17 reversed a trial court's ruling in a case involving public-access laws, fraud, and an insurer's duty to defend.In Allianz Insurance Company, et al. v. Guidant Corporation, et al., No. 49A05-0704-CV-216, Chief Judge John Baker wrote the unanimous opinion regarding the "monstrosity of a litigation that has crossed state lines" is a straightforward dispute about when and whether an insurer's duty to defend had been triggered. The judge cited the...
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High court names public information officer

January 1, 2008
IL Staff
A former television journalist is the new public information officer for the Indiana Supreme Court. Kathryn Dolan, former morning news anchor at WLFI in Lafayette, was hired in an effort to continue promoting public awareness about the Supreme Court.Dolan will work to help better inform citizens about how the court works and the impact of its decisions, and will also encourage media coverage of the Supreme Court. Dolan, a New Mexico native, started in the position June 30.She takes over a...
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Trial Rule submission deadline extended

January 1, 2008
IL Staff
The deadline for clerks to submit an Indiana Trial Rule 77(k) request to post court information on the Internet has been extended to Feb. 29. The original deadline was Feb. 15. A complete list of counties approved to post court records can be found on the state's judiciary Web site. Clerks, with the consent of the majority of the judges in the courts of record, may make certain court records available to the public through remote electronic access, such as the Internet....
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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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Homelessness topic of ACLU panel March 5

January 1, 2008
IL Staff
"Homelessness in Indianapolis: Whose problem is it?" is the subject of the next First Wednesday event, presented by the American Civil Liberties Union of Indiana, at noon to 12:50 p.m., March 5, at the Indiana Historical Society, 450 W. Ohio St., Indianapolis (directions: http://www.indianahistory.org/visit/directions.html).The discussion will feature panelists Eric Howard, who in 1996 founded Outreach Inc. to serve homeless and at-risk youth in Indianapolis; Charles Haenlein, president and chief executive officer of the Indiana Hoosier Veterans Assistance Foundation; and Carter Wolf,...
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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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Lawyers to debate police department control

January 1, 2008
IL Staff
The Marion County prosecutor's radio show, "Crime Beat," Sunday will address the current concern about whether Indianapolis Mayor Greg Ballard, who took office earlier this month, or Sheriff Frank Anderson should directly manage the Indianapolis Metropolitan Police Department.Anderson has overseen the IMPD since the merger of the Marion County Sheriff's Department and the Indianapolis Police Department Jan. 1, 2007, following an ordinance of the city-county council. Ballard has expressed the possibility of management of the police department going to the mayor...
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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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Judge takes on death penalty decision

January 1, 2008
Michael Hoskins
In the week ahead, an Evansville judge could be the first Hoosier jurist to hand down a death sentence since state law changed in 2002. Vanderburgh Circuit Judge Carl Heldt is scheduled to conduct a sentencing hearing Friday morning for Daniel Ray Wilkes, who jurors convicted last month on three counts of murder for the April 2006 slayings of an Evansville mother and her two daughters, ages 13 and 8.While they agreed on the guilt phase of the trial, jurors came...
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Law firm gives first pro bono award

January 1, 2008
IL Staff
A recent graduate of Indiana University School of Law - Bloomington has been given the first Terry and Judy Albright Pro Bono and Public Interest Award. The law firm Baker & Daniels has sponsored the award in honor of the couple. Alex Kornya received the award for the significant work he's done in pro bono and public interest areas. Kornya served as a student advisor and co-director of the Protective Order Project and worked with other anti-domestic violence organizations. He also...
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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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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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