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Justices affirm sentence in child torture case

For the first time, the Indiana Supreme Court today affirmed a trial court’s sentence of life without parole for a Lafayette mother who had pleaded guilty to torturing and killing her stepdaughter.In Michelle Gauvin v. State of Indiana, No. 79S00-0702-CR-65, the state’s highest court ruled 4-1 in a direct appeal that Tippecanoe Superior Judge Thomas Busch correctly sentenced the Lafayette mother for murder, confinement, and neglect of her 4-year-old stepdaughter, Aiyana. The girl died from head trauma in March 2005 after months…

Attorney spares client death sentence

An Indianapolis defense attorney who is nationally recognized as a death-penalty expert capped a two-month trial in New Hampshire this week, successfully keeping her client off death row and preventing him from becoming the first person to be executed in that state in 70 years.

Judges: Evidence proves scienter in fraud case

The 7th Circuit Court of Appeals upheld fines against two men convicted of defrauding investors, finding a reasonable jury would have found them guilty of scienter even though the defendants didn’t take the stand. In Thursday’s ruling in United States Securities and Exchange Commission v. Melvin R. Lyttle and Paul E. Knight, Nos. 07-2466, 07-2467, Melvin Lyttle and Paul Knight appealed the $110,000 fines each got following a grant of summary judgment in favor of the SEC on a variety of…

State settles with legal malpractice insurer

A legal malpractice insurance carrier has agreed to pay $16.5 million to Indiana's insurance department, settling a federal lawsuit that had come on the heels of a state malpractice claim where an Indianapolis law firm got hit with an $18 million verdict.

Court: evidence doesn’t support sentence

The Indiana Supreme Court threw out a life-without-parole sentence for felony murder because there wasn’t proof the killing was “intentional,” as state law requires for that penalty.In Hobert Alan Pittman v. State of Indiana, No. 31S00-0610-CR-355, Hobert Alan Pittman appealed his convictions and sentence of two consecutive life sentences for murdering his father and stepgrandmother, as well as a 73-year sentence for convictions of attempted murder, theft, auto theft, and conspiracy to commit burglary. Pittman’s stepmother, Linda, and stepgrandmother, Myrtle, were returning…

Former Sen. Birch Bayh to speak at law school

Former U.S. Sen. Birch Bayh will present a public lecture about the importance of the separation of church and state Sept. 25 at his alma mater, Indiana University School of Law – Bloomington.

Kazakhstan group visits Marion County courts

A group of about two dozen public administrators from Kazakhstan are in Indianapolis today learning about the state and local courts systems. The group visited the Marion County courts this afternoon.Judge Tanya Walton Pratt of Marion Superior Court welcomed them and gave an introduction about Marion County courts. She discussed the election process and the day-to-day work of a judge. After learning about our judicial system, the group toured several courtrooms and watched a jury trial, said Marion County Court Administrator Glenn…

Court: Evidence shows car was a gift

In a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car as a gift, despite registering the title in both his name and his wife's name.

Restitution can’t include security system costs

State statute doesn’t allow trial courts to order restitution to pay for installation of a security system in victims’ homes, the Indiana Court of Appeals decided today.Ruling on Keith Elton Rich v. State of Indiana, No. 79A05-0712-CR-687, the appellate court reversed Tippecanoe Circuit Judge Thomas Busch’s restitution order issued in October 2007. Rich had pleaded guilty to burglary and marijuana possession and received a 14-year sentence that was partially suspended to probation. As a condition of probation, he also was ordered to…

National Crime Victims’ Rights Week events

To observe National Crime Victims’ Rights Week, which kicked off April 13 and lasts through April 19, many communities in Indiana have organized events to recognize crime victims, survivors, and the service providers who come to their aid.Some events around the state include:Victim Assistance Candlelight Vigil, 5:30 p.m. today at the Allen County Courthouse, 715 S. Calhoun St., Fort Wayne. The event is sponsored by Fort Wayne Police Department Victim Assistance. Understanding & Investing in Children Trapped in Domestic Violence, 8…

Counties, courts recover from flooding

Johnson County Prosecutor Lance Hamner rushed to his downtown Franklin office on Saturday to save computers and files from floodwater.At first, water was about an inch high. Within an hour, the floodwater had creeped higher – he was being shocked while trying to salvage computers. The water suddenly reached 4 feet, making the prosecutor’s office look more like an aquarium than an office. Rushing floodwater rose even higher, crushing doors shut, trapping him inside so that he couldn’t even escape through…

Homelessness topic of ACLU panel March 5

“Homelessness in Indianapolis: Whose problem is it?” is the subject of the next First Wednesday event, presented by the American Civil Liberties Union of Indiana, at noon to 12:50 p.m., March 5, at the Indiana Historical Society, 450 W. Ohio St., Indianapolis (directions: http://www.indianahistory.org/visit/directions.html).The discussion will feature panelists Eric Howard, who in 1996 founded Outreach Inc. to serve homeless and at-risk youth in Indianapolis; Charles Haenlein, president and chief executive officer of the Indiana Hoosier Veterans Assistance Foundation; and Carter Wolf,…

Appeals filed in challenged mail-in ballot ruling

The plaintiffs in a Marion County suit involving how challenged mail-in absentee ballots are counted have filed a verified appellate Rule 56(a) motion for the Indiana Supreme Court to accept jurisdiction over their appeal.

Lawyer sentenced for battery, confinement

An Indiana attorney convicted of sexual battery, criminal confinement and interference with reporting of a crime was sentenced March 6 in Porter Circuit Court. Michael Haughee had been found guilty of assaulting a woman in a wheelchair. Haughee received a concurrent sentence on all three counts of one year in jail and one year supervised probation. The Griffith attorney wasn’t immediately taken into custody because Porter Circuit Judge Mary Harper agreed to consider whether to stay his jail sentence pending an appeal, said Porter…

Settlement may be largest of its kind

In what is believed to be the highest-ever payout of its kind in the state, the Indiana Department of Insurance will receive $16.5 million from a national legal malpractice insurer as part of a federal lawsuit settlement.

Professor to take part in international workshop

Indiana University School of Law – Bloomington distinguished professor and director of the Center for Applied Cybersecurity Research Fred Cate will participate in a workshop in Brussels Oct. 22 to discuss interaction between European Union data protection laws and U.S. e-discovery rules.

Trial Rule submission deadline extended

The deadline for clerks to submit an Indiana Trial Rule 77(k) request to post court information on the Internet has been extended to Feb. 29. The original deadline was Feb. 15. A complete list of counties approved to post court records can be found on the state’s judiciary Web site. Clerks, with the consent of the majority of the judges in the courts of record, may make certain court records available to the public through remote electronic access, such as the Internet….

Transfer granted in write-offs case

The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.

High court names public information officer

A former television journalist is the new public information officer for the Indiana Supreme Court. Kathryn Dolan, former morning news anchor at WLFI in Lafayette, was hired in an effort to continue promoting public awareness about the Supreme Court.Dolan will work to help better inform citizens about how the court works and the impact of its decisions, and will also encourage media coverage of the Supreme Court. Dolan, a New Mexico native, started in the position June 30.She takes over a…