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Allen County judge faces misconduct charges

An Allen County judge is facing disciplinary charges for what is being described as misconduct in a fellow jurist’s courtroom that involved verbally berating members of a defendant’s family after a sentencing hearing.Allen Superior Judge Kenneth R. Scheibenberger has been charged by the Indiana Commission on Judicial Qualifications with four counts of misconduct, filed Tuesday as a formal notice of disciplinary proceedings. The document can be viewed here.The filed complaint states that on Nov. 30, 2007, Judge Scheibenberger suspended his court…

Courthouse preservation bill, others now law

Bills relating to a courthouse preservation advisory commission, inmate issues, probate, foreclosure notices, domestic violence, and invasion of privacy concerns have been signed into law in the last week.Among the bills that are of interest to the legal community are:SEA 78, regarding probate and trust matters, signed today; HEA 1379, regarding viatical settlements, signed today; SEA 227, regarding the renamed sexual assault victim advocate standards and certification board, signed today; SEA 62, regarding posting notice of foreclosure sales, signed today; SEA…

LLCs must have attorneys in federal court

Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.

High court’s e-ticket wins first place award

The Indiana Supreme Court's electronic Citation and Warning System won first place in the Cygnus 2008 Innovation Award for Software at the International Association of Chiefs of Police Conference in San Diego earlier this month, the court announced today.

Hammond legal aid clinic relocates

The legal aid clinic for the city of Hammond has moved just one mile away from its old home into a new space donated by law firm Rubino Ruman Crosmer Smith Sersic & Polen in Dyer.The clinic moved between Christmas and New Year’s.Lawyers who do work for the city or are on contract with the city are required to give hours to the clinic. The firm had lawyers who could be called on to help, which is how the idea came…

U.S. Chief Justice visits Notre Dame

The chief justice of the U.S. Supreme Court visited students at the Notre Dame Law School this morning for a one-day appointment to the James J. Clynes Visiting Chair at the school.

COA: Totality of facts support blood seizure

A blood sample seized by the state from an unconscious woman didn’t violate her rights under the Fourth Amendment because all of the circumstances surrounding the car accident involving the woman led to a fair probability she drove a car while drunk, the Indiana Court of Appeals ruled.In Samara J. Copas v. State of Indiana, No. 33A01-0801-CR-3, Samara Copas appealed the trial court’s denial of her motion to suppress a blood sample taken by the state after obtaining a search warrant. Copas…

Clark Circuit judge appointed

Abraham Navarro will succeed Judge Daniel F. Donahue as judge of the Clark Circuit Court. Judge Donahue is stepping down later this week. Navarro has served as a deputy prosecutor in the Floyd County Prosecutor’s Office since 2002. Prior to working in the prosecutor’s office, Navarro was an Allen Superior Court judicial law clerk from 2001 to 2002. Navarro was admitted to the bar in November 2002. He’s a member of the Indiana Prosecuting Attorneys Council and the Indiana Criminal Justice…

Justices asked to take legal malpractice case

The Indiana Supreme Court is being asked to take a legal malpractice case in which an Indianapolis law firm got hit with an $18 million verdict two years ago.Attorneys representing law firm Fillenwarth Dennerline Groth & Towe filed a petition for transfer with the state’s highest court Monday in Frederick W. Dennerline III, et al. v. Jim Atterholt, Insurance Commissioner of the State of Indiana, No. 49A04-0610-CV-557. This move comes following the Indiana Court of Appeals ruling in May that upheld the…

Justices overturn judgment in trampoline case

In a case of first impression involving a trampoline, premises liability, and the attractive-nuisance doctrine, the Indiana Supreme Court today overturned summary judgment that originally had been in favor of the trampoline owners, citing material issues of facts in the case. The high court granted transfer in Beth Palmer Kopczynski, individually and as next friend and parent of Alisha Palmer, and Alisha Palmer v. David Bryan Barger and Peggy Lucas Barger, No. 88S05-0710-CV-423, to determine whether the Bargers were responsible for an…

COA affirms jail phone commissions

After years of litigation, the Indiana Court of Appeals ruled today that the Marion County Sheriff and the Indiana Department of Administration were allowed to enter into contracts with a phone company that provided commissions to the sheriff and IDOA on phone calls made from the jail and prison facilities. In Chanelle Linet Alexander, et al. v. The Marion County Sheriff and the Commissioner of the Indiana Department of Administration, No. 49A02-0708-CV-716, the plaintiffs are a class of people who have been…

Court erred in dismissing claim with prejudice

The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.

COA rules on ‘In God We Trust’ plate suit

Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.

Owners responsible for delinquent sewer fees

In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.

Tax sale petitions OK because of lack of notice

The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.

Justices again deny election request

The Indiana Supreme Court has denied for the second time in two months a request to get involved in a Terre Haute mayoral election dispute.The justices sent notice Tuesday to attorneys that they won’t bypass the Court of Appeals on a dispute resulting from the November election, when Republican Duke Bennett ousted incumbent Democrat Mayor Kevin Burke by about 110 votes.The court had previously decided not to get involved in an issue about whether Vigo Superior Judge David Bolk had jurisdiction…

Going green topic of First Wednesday

The ACLU of Indiana's First Wednesday topic for Oct. 1 is "Going Green: Is Indianapolis doing enough?" Panelists for the event are Terry Black, owner of Greenway Supply; Linda Broadfoot, vice president of development and public relations for Keep Indianapolis Beautiful; and Jesse Kharbanda, executive director of the Hoosier Environmental Council. Matthew Tully, political columnist at the Indianapolis Star, will serve as the moderator.

Judge strikes down new obscene-material law

On the day a new Indiana law was set to take effect, U.S. District Judge Sarah Evans Barker struck it down as being unconstitutionally vague, overbroad, and a violation of the First Amendment.The 31-page ruling was issued by the U.S. District Court, Southern District of Indiana, Indianapolis Division, this afternoon in Big Hat Books, et al. v. Prosecutors, 1:08-CV-00596, a challenge to House Enrolled Act 1042 that would have required any person or organization wanting to sell literature or other material…