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Suspended attorney gets 3 more months

An Indianapolis attorney is getting one last warning from the Indiana Supreme Court before being suspended indefinitely from practicing law.Attorney Wilburn G. Lowry of Marion County received an additional 90 days on his suspension handed down nearly a year ago, with the court specifically noting in its Jan. 11, 2008, order that “any future suspension for failure to meet CLE or dues requirements shall result in an indefinite suspension.”In the order In the Matter of Contempt of the Supreme Court of…

Court sanctions Allen County judge

The Indiana Supreme Court has suspended Allen Superior Judge Kenneth R. Scheibenberger for three days without pay as part of an agreement to resolve a judicial misconduct action.

Court rules on environmental cleanup case

The Indiana Supreme Court ruled yesterday that the statute of limitations on a claim for contribution toward cleanup costs doesn’t begin until the owner is ordered to clean up the property, regardless of whether the owner should have known about the contamination earlier. The issue in Richard U. Pflanz and Delores J. Pflanz v. Merrill Foster, individually, Merrill Foster d/b/a/ Friendly Foster’s Service, and Sunoco Inc. (R&M),  No. 36S01-0710-CV-425, is when the 10-year statute of limitations began on a claim for…

7th Circuit affirms arbitration award

The 7th Circuit Court of Appeals affirmed a District Court’s confirmation of an arbitration award, but it denied the plaintiff recovery of attorney fees and costs because he will be reimbursed those under the terms of the arbitration agreement.

Law firm gives first pro bono award

A recent graduate of Indiana University School of Law – Bloomington has been given the first Terry and Judy Albright Pro Bono and Public Interest Award. The law firm Baker & Daniels has sponsored the award in honor of the couple. Alex Kornya received the award for the significant work he’s done in pro bono and public interest areas. Kornya served as a student advisor and co-director of the Protective Order Project and worked with other anti-domestic violence organizations. He also…

Judge takes on death penalty decision

In the week ahead, an Evansville judge could be the first Hoosier jurist to hand down a death sentence since state law changed in 2002. Vanderburgh Circuit Judge Carl Heldt is scheduled to conduct a sentencing hearing Friday morning for Daniel Ray Wilkes, who jurors convicted last month on three counts of murder for the April 2006 slayings of an Evansville mother and her two daughters, ages 13 and 8.While they agreed on the guilt phase of the trial, jurors came…

Applicants sought for $90,000 in grant funds

The Heartland Pro Bono Council, which serves Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby counties in central Indiana, received a cy pres award of more than $65,000 late last year and the organization is looking to distribute the money in the upcoming months. That amount, along with other funds the HPBC has received in cy pres monies in recent years – totaling $90,000 – will be given in one grant or multiple grants sometime after June 5, 2008.Heartland is…

2 Supreme Court arguments Thursday

The Indiana Supreme Court will hear two arguments Thursday, including a death penalty appeal by a man whose appeal has already once been denied by the justices.

Lawyers to debate police department control

The Marion County prosecutor’s radio show, “Crime Beat,” Sunday will address the current concern about whether Indianapolis Mayor Greg Ballard, who took office earlier this month, or Sheriff Frank Anderson should directly manage the Indianapolis Metropolitan Police Department.Anderson has overseen the IMPD since the merger of the Marion County Sheriff’s Department and the Indianapolis Police Department Jan. 1, 2007, following an ordinance of the city-county council. Ballard has expressed the possibility of management of the police department going to the mayor…

Hammond to host appeals court arguments

The Indiana Court of Appeals travels to Hammond April 7 to hear arguments in a case involving a dispute after the sale of real estate. Arguments begin at 10 a.m. CST in the Lake Superior Court, Civil Division No. 1 Courtroom, 232 Russell St., Hammond. In the case, Gladys E. Tobias v. Margaret and Thomas Mannella, No. 45A03-0708-CV-373, on appeal from Lake Superior Court, Judges Patricia Riley, James Kirsch, and Margret Robb are asked to decide whether the trial court erred…

7th Circuit rules on FMLA case

The 7th Circuit Court of Appeals has reversed a medical-leave decision from an Indianapolis judge who’s since joined that appellate bench.

7th Circuit: Stop using specialist jargon

The 7th Circuit Court of Appeals affirmed a District Court ruling in a complex reinsurance case and asked attorneys to be
mindful of the language they use in these types of cases.

Study to examine trial court reform

The Indiana Supreme Court's Division of State Court Administration is working with the Indiana University Center for Urban Policy and Environment to study ways to make the state's trial courts more equitable and efficient.

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.