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Ball State shooting trial starts Tuesday

An excessive force and wrongful death trial starts in federal court Tuesday involving a Ball State police officer’s shooting of a college student about four years ago.Jury selection begins Tuesday in U.S. District Court in Indianapolis in McKinney v. Duplain. The 21-year-old Michael McKinney was shot four times by campus officer Robert Duplain, who was responding to a report of a stranger pounding on the door of a house early on Nov. 8, 2003. Tests later showed that McKinney had a…

Sommer Barnard merging with Ohio firm

The 64 partners of Sommer Barnard unanimously voted today to approve the firm’s merger with Cincinnati-based Taft Stettinius & Hollister. The vote means Taft Stettinius & Hollister will absorb Sommer Barnard on May 1, meaning Indianapolis will lose one of its largest law firms. Sommer Barnard was founded in 1969 and has 103 lawyers, making it the seventh-largest in the city, according to Indianapolis Business Journal statistics. Taft Stettinius, whose roots date to 1885, has 200 lawyers in Cincinnati and additional…

Evidence failed to support ending parental rights

The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.

Inaugural meeting to feature Secretary of State

The Lake County Bar Association’s inaugural meeting of the business law section will feature Secretary of State Todd Rokita speaking about issues of interest to the business bar.Liz Keele from Indiana Secretary of State’s office and Indianapolis attorney Rich Thrapp, chairman of the Business Law Survey Commission, will also speak. The meeting will be from 11:45 a.m. to 1:30 p.m. CST, Jan. 30 at Teibel’s, Route 30, Schererville.One hour of CLE credit is pending. The lunch is open to LCBA members…

COA: Date-rape drug made victim ‘unaware’

The Indiana Court of Appeals today tackled the meaning of “unaware” in the state’s statute addressing rape in regards to the victim being under the influence of a known date-rape drug. In Herman Filice v. State of Indiana, No. 49A02-0707-CR-591, Chief Judge John Baker authored the unanimous opinion that required the court for the first time to address the various legal issues surrounding the defendant’s sexual contact with a woman who had Rohypnol in her system during the contact. Filice met the…

Transfer granted in utilities case

The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.

Indy IP firm loses Monroe publicity rights case

A federal judge’s decision in California this week represents a significant legal loss for an Indianapolis intellectual property firm relating to the publicity rights of Marilyn Monroe.U.S. District Judge Margaret M. Morrow of the Central District of California in Los Angeles ruled Monday that Marilyn Monroe LLC and Indianapolis-based CMG Worldwide don’t own rights of publicity, and that a studio and licensing company have the right to market and license images of the famous actress.The judge’s action reversed a ruling from…

End of parental rights not based on disability

The Indiana Court of Appeals affirmed the involuntary termination of a couple’s rights to their children, ruling the final order was valid even without the presiding magistrate judge’s signature, and the fact the mother has a hearing disability was not a reason why the mother’s parental rights were ended. In R.W. Sr. (father) and D.B.W. (mother) v. Marion County Dept. of Child Services, et al., No. 49A04-0801-JV-64, married parents R.W. Sr. and D.B.W. challenged the court’s decision to terminate their parental rights…

7th Circuit upholds antitrust suit dismissal

The 7th Circuit Court of Appeals affirmed a decision by a U.S. District Court in Indiana which threw out a case involving
Marathon Petroleum Company and its dealers because the dealers couldn't prove the company violated the Sherman Act.

Children’s rights topic of ACLU discussion

“Children’s rights: Who’s responsible?” will be the subject of the American Civil Liberties Union of Indiana’s next First Wednesday discussion. This is the final First Wednesday discussion of the spring 2008 series.The discussion will be from noon to 12:50 p.m. May 7 at the Indiana History Center, 450 W. Ohio St., Indianapolis. Panelists include Jackie Bowie-Suess, attorney for the ACLU of Indiana; Marion Superior Court Juvenile Division Judge Marilyn Moores; and Cindy Booth, executive director of Child Advocates.Indiana Lawyer has a…

7th Circuit affirms, reverses wine ruling

The 7th Circuit Court of Appeals has recognized Indiana’s interest in keeping wine out of minors’ hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.

Overstreet granted stay of execution

The man who was convicted and sentenced to death for killing a Franklin College student has been granted a motion for a stay of execution. U.S. District Judge Philip Simon of the South Bend Division issued the order granting Michael Dean Overstreet’s stay of execution Monday. Overstreet, who was sentenced to death in 2000 for killing Kelly Eckart, filed the motion in U.S. District Court, Northern District of Indiana, South Bend Division May 9. In the motion, Michael Dean Overstreet v….

Court: Search invalid, statements admissible

A defendant did not have the ability to consent to a police search of the car he was riding in because the driver’s consent to the search was invalid, ruled the Indiana Supreme Court Wednesday. The court also ruled the defendant’s recorded statements made in the back of a police cruiser were voluntary and admissible at his trial. In Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, Sergio Campos was the passenger in a car driven by Cesar Santiago-Armendariz, which was stopped…

Judges disagree on public intox conviction

The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.

7th Circuit orders new defense counsel

In an order handed down late Monday afternoon, the 7th Circuit Court of Appeals relieved a court-appointed defense counsel from representing his client and will appoint new counsel in a future order.

D.C. attorney argues voter I.D. case

One of the most vocal civil liberties advocates battling Indiana’s voter identification law won’t make his pitch to the Supreme Court of the United States this week.When the nation’s highest court hears the much-anticipated arguments Wednesday morning, Indiana Solicitor General Tom Fisher will argue for the state attorney general’s office. But Ken Falk, who heads the legal department of American Civil Liberties Union of Indiana, won’t face the justices, nor will Indianapolis attorney William Groth, who represents the plaintiff, the Indiana…

COA revises child molesting sentence

The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.

Appellate court rules on GAL fees

A guardian ad litem must differentiate between attorney and non-legal work when billing in a paternity case, and trial courts must carefully consider guidelines set out in probate-focused Indiana Professional Conduct Rule 1.5 when deciding how to compensate for fees and expenses. The Indiana Court of Appeals ruled today in the case In Re: The […]