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IPBC exec director’s last day Friday

Friday will be Monica Fennell’s last day as executive director of the Indiana Pro Bono Commission – at least until she returns next August. Fennell will be in Washington, D.C., for a one-year fellowship with the U.S. Supreme Court in the Administrative Office of the U.S. Courts. Her replacement for a one-year fellowship of her own is Trischa Zorn-Hudson.Zorn-Hudson has already been working with Fennell, and her first full day will be July 23. “I know that the Pro Bono Commission…

Court of Appeals revises burglary sentence

The Indiana Court of Appeals today revised a 40-year sentence handed down to a 19-year-old, citing inconsistencies between the trial court’s oral and written sentencing statements. In Nathan D. Feeney v. State of Indiana, 79A02-0609-CR-823, Feeney appealed his cumulative 40-year sentence for convictions of 10 counts of burglary as a Class B felony, which consisted of four consecutive and six concurrent 10-year sentences, because he believed the sentences to be too harsh given the nature of his offenses and his character. At…

Justices to hear 2 arguments

The Indiana Supreme Court on Thursday will consider two cases, delving into non-compete agreements, and the legal line between parental control and child battery.Justices will first hear arguments at 9 a.m. in Central Indiana Podiatry P.C. v. Kenneth J. Krueger, Meridian Health Group P.C., 29S05-0706-CV-256, which the Court of Appeals ruled on in January. The appellate court overturned a decision by Hamilton Superior Judge Daniel Pfleging and ruled he should have made the podiatrist, Dr. Kenneth Krueger, stop working pending trial after…

Lawyer triumphs over Mattel: Indianapolis lawsuit plays part in worldwide recall of 4.4 million of Polly Pocket toys.

Indianapolis partner Gordon Tabor with the Tabor Low Group (right) describes the now-recalled Mattel toys that resulted in injury because of the one-eighth-inch diameter magnets in parts of the products (left).The toy giant recalled the product worldwide.    When attorney Gordon Tabor first took on a product liability case arising in Indianapolis, he instantly knew that it was larger than one little girl.    He consulted with his two younger brothers, Roy and Jeff – also attorneys at the Tabor Law Firm –…

Chief Justice speaking on judicial independence

Judicial independence and accountability are the topics du jour for Indiana Chief Justice Randall T. Shepard.The state’s top judge was the keynote speaker at an Indiana Continuing Legal Education Forum this afternoon. The Center for Free Inquiry at Hanover College hosted the free program, “Politics and the Courts: Judicial Independence and Accountability,” at the Indiana Continuing Legal Education Forum in Indianapolis.This topic arises as the role of courts in the U.S. has become a focus for criticism, including how the judiciary…

Notre Dame 1L finishes 31st in Boston Marathon

Dan McGrath, a 1L at Notre Dame Law School, finished 31st overall among all men, and was the 18th American finisher in the 111th Boston Marathon on April 16, the law school ;s Web site reported. McGrath had an official time of 2:25:59: a pace of 5 minutes, 33 seconds per mile for 26.2 miles.McGrath, 23, who listed his hometown as Lynbrook, N.Y., was the fifth overall runner who was not classed in the ‘Elite ; group. At this year ;s…

Court affirms worker’s comp dismissal

The Indiana Court of Appeals affirmed a Full Worker’s Compensation Board of Indiana decision to dismiss a claim against a former employer, citing statutory conditions have been met to release the employer from any liability. In William Pete Casper v. L.E. Isley & Sons, Inc., No. 93A02-0702-EX-179, Casper’s wife, Janet, on behalf of William’s estate, appealed the dismissal of the estate’s claim against L.E. Isley for worker’s compensation. Janet Casper argued the dismissal was premature. William Casper worked for Isley for more…

Sentence in murder-for-hire plot cut

The Indiana Supreme Court has slashed a sentence for an Anderson man convicted last year in a murder-for-hire plot of his wife and mother-in-law.Justices unanimously granted transfer and issued a five-page opinion Wednesday afternoon in Aaron Reid v. State of Indiana, 48S04-0711-CR-552, a case from Madison County that was affirmed by the Court of Appeals in a not-for-publication opinion in May. Last year, Madison Superior Judge Thomas Newman gave Reid a maximum 50-year prison sentence for conspiracy to commit murder. The case…

Supreme Court operations find new space

The Indiana Supreme Court has reached an agreement to move some of its operations from the National City Center downtown to a property formerly occupied by Eli Lilly.The new, 10-year agreement is estimated to save taxpayers about $1 million over the course of the lease, and takes effect at the end of the year, said Justice Theodore Boehm, who has led the negotiations process for the state court.This agreement means divisions of the Supreme Court, such as the Indiana Judicial Center,…

Court rules on discovery of trade secrets

A tire making formula is considered a trade secret and doesn’t have to be disclosed in discovery, the Indiana Supreme Court ruled today.The unanimous 11-page ruling comes in a much-anticipated first impression case of Bridgestone Americas Holding, Inc. v. Violet Mayberry, et al., No. 48A02-0504-CV-368, which stemmed from a fatal August 2001 accident in which a woman lost control of her vehicle on Interstate 69 after one of the tires came apart. Her family sued the tire maker; during discovery they asked for…

Supreme Court will hear 5 arguments this week

A mobile home demolished more than a year ago is the subject of one of several oral arguments the Indiana Supreme Court will hear this week.Justices will hear three cases Tuesday, and two more are scheduled for Thursday, but the court has granted transfer in only two of those cases so far.The mobile home-related argument tomorrow is in Ernestine Waldon v. Donna Wilkins, 18A04-0604-CV-199, which comes out of Delaware County. After deciding a mobile home was unfit to live in, the…

Federal judge lifts Marion County jail oversight

U.S. District Judge Sarah Evans Barker in Indianapolis has ended a 35-year federal oversight period of the Marion County jail that resulted from a lawsuit by the Indiana Civil Liberties Union in 1972.Judge Barker’s June 8 order released Monday noted that jail and lockup expansions, court-ordered inmate releases, and the creation of a night court late last year show that legal requirements have been met and judicial supervision of the litigation is no longer needed. Dissolving the consent decree is “fair,…

Indiana Supreme Court won’t review football death case

The Indiana Supreme Court will not review a Marion County case involving a 17-year-old ;s death following football practice in July 2001.Justices denied transfer Thursday in Stowers v. Clinton Central, declining to vacate the Oct. 26 Court of Appeals decision that the school corporation, coaches, and athletic director were not negligent in the teenager ;s death. However, the ruling also stands that Marion Superior Judge Gary Miller erred by not including a jury instruction to describe the scope of school release…

Former Allen County prosecutor dies

Glen J. Beams, a former Allen County prosecutor and respected attorney in Fort Wayne, died Saturday.Beams, 92, died of lymphoma at his home on Lake Wawasee in Kosciusko County. He had earned his law degree in 1939 from the Indiana School of Law and served as a partner in the Helmke Beams Law Firm from 1946 until his death. The northern Indiana community remembers him for winning the 1954 election race for county prosecutor, where he served one term before losing…

Court grants visitation for partner in guardianship case

When Patrick Atkins suffered a brain hemorrhage and subsequent stroke on a business trip in 2005, his partner of almost 30 years wanted to be there and visit.While Atkins’ family didn’t approve of the relationship, Brett Conrad was allowed to visit and have contact with his partner at first. But the family began cutting off that contact and eventually the two sides went to court over visitation rights and guardianship. Conrad lost in Hamilton Superior Court before Judge Steven Nation, who…

Court overturns breach-of-contract ruling

The Indiana Court of Appeals reversed a Marion Superior Court decision granting partial summary judgment in favor of the defendant on an issue of breach of contract, ruling a state agency couldn’t approve a cleanup that didn’t comply to federal standards. In Indiana Department of Environmental Management v. Raybestos Products Co., No. 49A02-0609-CV-782, IDEM appealed the trial court’s grant of partial summary judgment to Raybestos on the issue of a breeched agreed order and a judgment of more than $16 million…

U.S. Supreme Court accepts Indiana voter ID challenge

The Supreme Court of the United States will decide whether Indiana’s two-year-old law requiring voters to show photo identification at the polls is constitutional. Justices accepted the pair of combined cases Monday and issued an order this morning. The court was considering about 60 potential cases, including two others from Indiana: Gilles v. Blanchard, et al., which involves religious speech on the public ground at Vincennes University; and Deb Mayer v. Monroe Community School Corp. involving a teacher fired for comments…

COA rules on anonymous juries

The Indiana Court of Appeals ruled on a case with a matter of first impression involving the use of anonymous juries and if they are reviewable under the harmless error analysis. In Carl A. Major v. State of Indiana, http://www.in.gov/judiciary/opinions/pdf/09280701cjb.pdf 45A03-0610-CR-483, Carl Major appealed his convictions of murder in the perpetration of a robbery and aggravated felony, and his aggregate sentence of 175 years in prison, arguing the trial court erred in empanelling an anonymous jury and that his sentence is…

Senate confirms Tinder for 7th Circuit

The U.S. Senate voted late Tuesday to confirm U.S. Judge John D. Tinder to the 7th Circuit Court of Appeals, meaning he’s the first Hoosier jurist appointed to the federal appellate court in two decades.Senators voted unanimously 93-0 in favor of Judge Tinder’s appointment shortly after 11 p.m. Tuesday, after a day of voting on federal spending, alternative tax, and debate on various other issues. Seven senators didn’t vote and he gained support from everyone else, including both Indiana senators -…