The United States District Court for the Southern District of Indiana has appointed – effective immediately – a new chief probation officer, who also is the first African-American to serve in that capacity in the district.
The Indiana Uniform Trade Secrets Act does not preempt a civil Racketeer Influenced and Corrupt Organizations claim, the Indiana Court of Appeals ruled today.In an issue of first impression, the court was asked to decide in AGS Capital Corp., Inc., et al. v. Product Action International, LLC, No. 49A02-0702-CV-176, whether civil provisions for treble damages based on certain criminal acts are covered by the Indiana Uniform Trade Secrets Act (IUTSA). AGS Capital Corp., which owned Fast Tek Group and Superior Metal Technologies,…
Prosecutors must be allowed to present their cases as they see fit and not be forced into agreements, the Indiana Court of Appeals confirmed today.In State of Indiana v. Harold Lewis, No. 72A05-0610-CR-564, the three-judge panel unanimously reversed and remanded the case to Scott Superior Judge Nicholas South. The trial judge had determined in 2006 to grant the defendant’s motion prohibiting prosecutors from mentioning the death of the man who Lewis had shot. He was being tried on a felony charge of…
The 7th Circuit Court of Appeals reversed a District Court’s ruling in favor a man on his retaliation claim under Title VII of the Civil Rights Act, finding the man didn’t believe his supervisor’s advances and threats were illegal.
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…
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…
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.
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…
The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.
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…
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…
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: 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…
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….
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…
Anyone wanting to watch or listen to appellate arguments in federal or state court will have a chance Friday.
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.
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.
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…
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.