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Court upholds murder conviction

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…

Zachary’s Law case could go to SCOTUS

The Indiana Attorney General’s Office wants the nation’s highest court to review the 7th Circuit Court of Appeals ruling from last summer on a death-penalty case, which inspired Zachary’s Law that requires convicted child molesters to register their addresses in a statewide public database.

Governor appoints new Delaware Circuit judge

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…

Five appellate jurists will be on ballot

Michael W. Hoskins [email protected] 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,…

Attorneys scrutinize ad ruling

Two Indianapolis law firm partners wonder why they were not given a chance to prevent potential lawyer advertising violations as colleagues have been given off and on through the years.

Prominent employment attorney dies

Virginia O'Leary, a prominent employment attorney in southern Indiana, died yesterday at the age of 74. O'Leary spent more than 30 years representing women and minorities seeking equal employment opportunities.

Supreme Court grants 3 transfers

The Indiana Supreme Court granted three transfers yesterday in cases involving a resisting law enforcement conviction, denial of benefits from Indiana's Second Injury Fund, and the reversal of a jury award filed by a college student cleared of rape.

Event to focus on election, U.S. Supreme Court

University of Notre Dame Law School professor Richard Garnett is the featured speaker at an event discussing the upcoming presidential election and its impact on the nation's highest court.

Lake County releases judicial candidate survey

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…

Attorney blamed for lack of proper relief

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…

Commission wants judge suspended now

The Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.

ACLU panel to discuss sex ed in school

The ACLU of Indiana's First Wednesday lunchtime discussions for the fall season kicks off tomorrow with the topic of "Sex Ed: What Should Schools be Teaching?"

BMV tosses personalized license plate policy

 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…

Comments sought on child support rules

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…

Men took substantial steps to commit crime

The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.

ISBA receives more artwork of courthouses

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…

Court can determine when defendant testifies

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…