Latest News

Judge dismisses prisoner suit

January 1, 2008
Michael Hoskins
A federal judge in Fort Wayne has dismissed a pro se complaint against a local sheriff and jail officials because it doesn't adequately state a claim to recover for alleged sexual harassment during a weapons strip search.U.S. District Judge Philip Simon ruled in Nathan W. Romine v. Nick Yoder, et al., No. 1:08-CV-036 PS, which involved a suit from an Adams County Law Enforcement Center inmate. Romine said he was sexually harassed at the jail during a strip search for...
More

Justices: MySpace use not harassment

January 1, 2008
Michael Hoskins
A teenager's use of the social networking site MySpace.com didn't rise to the level of harassment because her expletive-laden postings criticizing her principal about school policy weren't available to everyone online, the Indiana Supreme Court has ruled.In a unanimous ruling late Tuesday afternoon, the state's five justices agreed to reverse a lower court's decision in A.B. v. State of Indiana, No. 67S01-0709-JV-373.While the case presented justices with a chance to explore free speech rights as they pertain to online activity in...
More

Judge penalizes no-show juror

January 1, 2008
Michael Hoskins
A Lake County criminal court judge took a former juror to task Tuesday for skipping jury duty during a murder trial this spring.Superior Judge Thomas Stefaniak Jr. found a 20-year-old Cedar Lake resident in contempt of court and sentenced him to three hours in the county jail, as well as ordering him to carry a 24-inch by 24-inch sign saying "I failed to appear for jury duty" from 7:30 to 9 a.m. Monday outside the Crown Point courthouse.That will be a warning...
More

Courts can review public school financing

January 1, 2008
Michael Hoskins
Hoosier courts have the authority to review the state's school financing formula to determine whether Indiana is meeting a constitutional requirement to provide a quality public education for all students, the Indiana Court of Appeals ruled May 2.A 2-1 ruling from the COA revives the public education financing case of Joseph Bonner, et al. v. Mitch Daniels, et al., No. 49A02-0702-CV-188, which presents an issue of first impression. Nine public school students and their families from eight different school systems throughout the...
More

Justices find ineffective assistance in case

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has determined an appellate attorney rendered ineffective assistance in an Evansville kidnapping case that resulted in a police dog being fatally shot 10 years ago.A unanimous court ruled Feb. 27 in Antwain Henley v. State of Indiana, No. 82S05-0701-PC-31, which comes from a Vanderburgh County case at the post-conviction relief stage involving a pro se litigant. The Court of Appeals panel issued a ruling in October 2006, reversing and holding in favor of the defendant Henley, and remanding for a new...
More

Court: delayed rape conviction OK

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant's rape conviction, finding his due process rights weren't violated when charges were filed in 2005 for a rape that happened nearly 25 years earlier. In Thomas N. Schiro v. State of Indiana, No. 10A01-0701-CR-21, Thomas Schiro appealed his conviction of felony rape, arguing the trial court erred by denying his motion to dismiss the charges brought against him in 2005 for two rapes that occurred in 1980 and by admitting his written sexual...
More

Hearing set in Lake County early-voting case

January 1, 2008
IL Staff
Special Judge Diane Kavadias Schneider has set a hearing for the consolidated Lake Circuit Court and Lake Superior Court cases involving early-voting sites, according to Indiana Supreme Court spokesperson Kathryn Dolan. The hearing is scheduled for 10 a.m. CDT Oct. 20 in Courtroom 1, 232 Russell St., Hammond. The Indiana Supreme Court appointed Lake Superior Judge Schneider as special judge Thursday to resolve the dispute between the Lake County courts as to whether satellite early-voting sites should be allowed to be...
More

Convict fights tooth and nail, loses on the tooth

January 1, 2008
Michael Hoskins
A tooth is considered a "bodily member or organ" within the definition of the state's aggravated battery statute, the Indiana Court of Appeals ruled March 7.Deciding a case of first impression in Derrick C. Smith v. State of Indiana, No. 45A03-0708-CR-357, the appellate court ruled that a Lake Superior judge properly determined that enough evidence existed to support Smith's conviction under the state's aggravated battery statute.Incarcerated at the Lake County Jail in August 2006, Smith and another inmate overpowered a jail...
More

Court decides 2 disputed land cases

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled on two cases today involving disputed tracts of land on lakefront properties and adverse possession in Kosciusko County. In Daisy Farm Limited Partnership v. Michael and Jill Morrolf, No. 43A04-0707-CV-390, the appellate court reversed the trial court judgment in favor of Michael and Jill Morrolf that a disputed tract of land didn't pass to Daisy Farm by virtue of adverse possession. Daisy Farm and its predecessors owned the lot adjoining the Morrolfs' in a neighborhood located...
More

Plan: protect educators who discipline students

January 1, 2008
Michael Hoskins
Indiana Gov. Mitch Daniels wants more legal protection for educators who discipline students to keep order in their schools.A news release issued this morning announced the governor's plans to work with lawmakers in the coming legislative session to pass a law providing legal immunity for those teachers and school staff members who, in good faith, discipline students. He also wants the Indiana Attorney General's Office to use its statutory authority to defend any teacher who becomes the target of unreasonable litigation.The...
More

Court: Official can take office once bonded

January 1, 2008
Jennifer Nelson
Elected public officials who haven't secured bond by the date they are to take office can begin their elected position once they have obtained the bond, ruled the Indiana Court of Appeals.At issue in Tom Shetler Sr. and Suzan Nicholson v. Linda K. Durham, No. 82A01-0706-CV-273, is whether Durham can hold office as elected trustee of Knight Township even though she failed to secure bond by her official start date. Durham was elected trustee in November 2006 and met with the incumbent...
More

Marion County inspector training at IBA

January 1, 2008
IL Staff
The Marion County Clerk's office will hold an inspector training session at the Indianapolis Bar Association April 21 for people interested in becoming an inspector, precinct clerk, or precinct judge for the May 6 primary. Marion County Clerk Beth White will conduct the training session from 1:30 to 4:30 p.m. at the IBA's office, 107 N. Pennsylvania St., Suite 200, Indianapolis. The training session offers three free hours of CLE credit for any attorney who has signed up to be an...
More

Magistrate named for Southern District

January 1, 2008
Jennifer Nelson
An Indianapolis attorney is the new magistrate judge for the U.S. District Court, Southern District of Indiana.Debra McVicker Lynch, of counsel at Taft Stettinius & Hollister, fills the position left empty after Judge William T. Lawrence was elevated to Article III judgeship July 1. Lynch said she is elated and honored that the court expressed its confidence in her to select her as magistrate judge. Although she has enjoyed her time in private practice, she said she's aspired to be a...
More

Notre Dame Law receives $15 million gift

January 1, 2008
IL Staff
The Notre Dame Law School building will get a new name as a result of an alumnus who has donated $15 million to the school.Robert F. Biolchini, and his wife, Frances, donated the money to the school to help underwrite the renovation of the building. After renovations are finished, the building will be renamed Biolchini Hall. Renovations include an expanded Krege Law Library, two new 50-seat classrooms, new space for the Notre Dame Law Review, and new offices and workspace for...
More

Court can determine when defendant testifies

January 1, 2008
Jennifer Nelson
Defendants have the constitutional right to testify at trial, but they do not have the right to dictate when they take the stand, the Indiana Court of Appeals ruled Feb. 25.At issue in Kevin Book v. State of Indiana, No. 49A05-0707-CR-385, is whether the trial court violated Book's Fifth and Sixth Amendment rights when he was allegedly compelled to make a decision whether to testify at a particular time during his trial. Book was accused of smothering to death his girlfriend's 20-month-old...
More

ISBA receives more artwork of courthouses

January 1, 2008
Rebecca Berfanger
Three more donations of artwork depicting Indiana courthouses have been received by the Indiana State Bar Association: the bar associations of Daviess, Lake, and Sullivan counties have donated images of their respective county courthouses. Photos are now on Indiana Lawyer's Web site as part of a slideshow of all 12 works the ISBA has received so far.The ISBA acquired the artwork of Daviess County Courthouse by Ervin R. Clark June 26; it was donated by the Daviess County Bar Association. The painting...
More

Comments sought on child support rules

January 1, 2008
IL Staff
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking public comment concerning Indiana's Child Support Rules and Guidelines as part of its review process to propose changes to the Indiana Supreme Court. Written comments are due July 3 and may be submitted by an online survey, by fax to (317) 233-3367, or by mail to Indiana Judicial Center c/o the Domestic Relations Committee, 30 S. Meridian St., Suite 900, Indianapolis, IN 46204-3564. A public hearing will be conducted...
More

BMV tosses personalized license plate policy

January 1, 2008
Michael Hoskins
 A federal lawsuit involving the Indiana Bureau of Motor Vehicles and how it handles personalized license plates may be settled in the next week, now that the state agency has thrown out the revised policy banning all religious or deity phrases. BMV Commissioner Ron Stiver reversed a policy decision Nov. 25 that had taken effect Nov. 6 banning any requested personalized plate message carrying a religious or deity message. Now, an eight-person internal committee will review all requested messages the way...
More

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...
More

Lake County releases judicial candidate survey

January 1, 2008
IL Staff
The Lake County Bar Association has released the results of its 2008 Judicial Qualification Survey of judicial candidates in Lake County. Candidates were rated on a scale from 1 to 10 in the candidate's competence, temperament, and character, with one being not qualified and 10 being exceptionally well qualified. A total of 265 responses were received; the amount of responses varied for each candidate. According to the survey, two Lake Superior magistrate judges scored the highest: Magistrate Judge Michael Pagano had...
More

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,...
More

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...
More

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...
More

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....
More

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...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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?

ADVERTISEMENT