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COA: Insurance company can’t deny coverage

January 1, 2008

The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.

IBA seeks nominations for award

January 1, 2008

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….

Court implements new staff training

January 1, 2008

The Marion Superior Court has started a new continuing court education program for its employees as part of an ongoing effort to better serve staff and the community. The training was the first in a series of mandatory sessions planned for 2009.

Court upholds murder conviction

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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.

7th Circuit won’t rehear prayer suit

January 1, 2008

The 7th Circuit Court of Appeals won't rehear en banc Indiana's statehouse prayer suit.

Lake County releases judicial candidate survey

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

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

January 1, 2008

 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

January 1, 2008

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…

Masters call for Marion Superior judge’s removal

January 1, 2008

A three-judge panel is recommending that a Marion Superior judge be removed from the bench for judicial misconduct.

Men took substantial steps to commit crime

January 1, 2008

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.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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