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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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....

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...

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.

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

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.

The Judicial Nominating Commission interviewed seven semi-finalists today for an opening on the Indiana Court of Appeals.

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.

The American Civil Liberties Union of Indiana wants the full 7th Circuit Court of Appeals to reconsider a case involving legislative prayer.

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.

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.

Six southern Indiana attorneys have applied for the new Jackson County Superior Court judgeship position that was created this year by the General Assembly.

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.

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.

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.