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State waited too long to file charges, court rules

The Indiana Court of Appeals has reversed a voluntary manslaughter case on grounds that prosecutors waited too long to file charges.Appellate judges issued a decision today in Ralph Barnett v. State of Indiana, 48A02-0605-CR-389 which stems from a 1993 physical confrontation at the Pendleton Correctional Facility. Barnett got into fight with fellow inmate Ricky Combs after being released from cells for a creation session, and Barnett maneuvered a handmade pick away from Combs before starting to walk away. When Combs attacked…

Longtime trial lawyer Townsend dies

Indiana has lost a pioneer who has been a fixture in the personal injury legal community for more than six decades.Earl C. Townsend Jr., who co-founded Indianapolis law firm Townsend & Townsend and went on to become one of the most recognized names in the legal community, has died. He was 92.Along with his brother John, he helped establish the law firm Townsend & Townsend in downtown Indianapolis after graduating in 1940 from the University of Michigan Law School. He remained…

SCOTUS to hear East Chicago case in October

The court docket for the nation’s highest court is published, and the Supreme Court of the United States will hear arguments in an East Chicago case during the first week it returns in October.Justices will consider U.S. v. Efrain Santos as its sixth case of the term on Oct. 3, according to the session calendar. It will be the first Indiana case heard by the high court since the Hammond v. Indiana arguments in March 2006. The court agreed in April…

Dubious people no threat at federal courthouse in Indianapolis

Suspicious camouflage-clad characters were thought to be creeping on the roof of the federal courthouse in Indianapolis this morning.But a report about 9 a.m. to the U.S. Marshals Office in Indianapolis turned out to be “completely unfounded,” according to senior inspector Mark Robinett.Rather than a viable security threat, though, the call from the Chase building across the street turned out to involve window washers, according to accounts from both Robinett and Jo McNight, chief deputy clerk at the U.S. District Court…

COA reverses annexation decision

The Indiana Court of Appeals reversed the trial court’s decision in a northern Indiana annexation case, citing a recent ruling on the subject from the Indiana Supreme Court. In the case In the Matter of the Annexation Proposed by Ordinance No. 2004-11-38, et al. v. Chris Fetcko, et al., 45A03-0611-CV-549, the city of Crown Point appealed the trial court’s order granting the motion for involuntary dismissal filed by Fetcko and other remonstrators to a city ordinance annexing certain land. Crown Point…

SCOTUS rules on patent obviousness

The Supreme Court of the United States today ruled that an invention can be too obvious for a patent.Taking up the patent issue and question of “How obvious is too obvious?” for the first time in 20 years, the court ruled unanimously in KSR International v. Teleflex that a gas pedal design was too obvious.Engineering company Teleflex sued KSR International, a Canadian maker of gas pedals, for alleged infringement of a patent it owned on an adjustable gas pedal assembly (which…

BP will follow previous permit limits

BP America posted a statement on its Web site Thursday saying the company would operate the Whiting refinery to meet the lower discharge limits contained in the refinery’s previous wastewater treatment permit.”We have participated in an open and transparent permitting process with the State of Indiana and obtained a valid permit that meets all regulatory standards and is protective of water quality and human health,” said BP America Chairman and President Bob Malone in the statement. “Even so, ongoing regional opposition…

Home Place plans to appeal ruling

The annexation battle between Carmel and Home Place isn’t over yet.Residents in the unincorporated community voted Saturday to appeal the Oct. 17 decision in City of Carmel v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578.Attorney Stephen Buschmann plans to file a petition this week asking the Indiana Supreme Court to hear the appeal. The Court of Appeals ruled in favor of Carmel last month, holding the city adequately proved it could afford to annex part of the nearby community and…

School board to settle with superintendent

Parties have reached a tentative agreement in a case involving the firing of a Perry Township Schools superintendent, meaning a broader legal question arising from the possible appeal of a federal judge’s June ruling likely will have to wait for another day.Specifically, the issue would be the legal scope of a superintendent’s employment.The question arises in the case of embattled superintendent H. Douglas Williams, who was placed on paid indefinite administrative leave in November after a 4-3 vote by the school…

Homeowners must follow health codes

Owners of houses or mobile homes they construct themselves still must follow Indiana health codes, the Indiana Court of Appeals ruled today. The appellate court overturned a trial court’s ruling that a section of Indiana code exempted certain homeowners from obtaining a permit for septic systems. At issue in Washington County Health Department and Mike Haddon v. Jeff and Robin White, No. 88A04-0703-CV-126, is whether the Whites’ mobile home, which had a discharge pipe running from the bottom of it to the…

Circuit Court rules against deputy town marshal

A Fort Wayne couple will get their day in court after the 7th Circuit Court of Appeals determined the Orland deputy town marshal violated the couple’s constitutional rights during an altercation at a towing lot three years ago.In Ryan L. Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland, the court ruled 2-1 Wednesday that the case shouldn’t have been dismissed by U.S. District Judge Theresa Springmann in Fort Wayne. The district judge had ruled that Norton, the town’s deputy…

Court to hear Carmel annexation arguments

The Indiana Court of Appeals hears arguments Tuesday in the second Carmel annexation case in the state’s appellate courts in a year.Arguments begin at 1 p.m. in City of Carmel v. Certain Home Place Annexation Territory Landowners, 29A04-0510-CV-578.The court had planned to consider the case a year ago, but delayed arguments until the Indiana Supreme Court could make a decision on a similar case also stemming from Carmel. That happened June 27 with the potentially landmark decision in City of Carmel,…

Supreme Court grants 3 transfers

The Indiana Supreme Court has granted transfer in three cases – David Michael Green v. State of Indiana; Beth Palmer Kopczynski and Alisha Palmer v. David B. and Peggy L. Barger; and Richard U. and Delores J. Pflanz v. Merrill Foster, et al. In Green v. State, 45A05-0612-CR-708, Green appealed his conviction and sentence for two counts of felony murder, claiming his victim’s death was out of self-defense and an accident. The Court of Appeals affirmed the state presented sufficient evidence to…

Venue transfer hinges on type of organization

The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion.

High court rules on estate issue

The Indiana Supreme Court ruled on a matter of first impression today regarding the disposition of an entire estate during life or death. In the Matter of the Guardianship of E.N., Adult,No. 88S01-0703-CV-121, deals with the issue of whether the guardianship estate planning statute authorizes dispositions of a protected person’s entire estate, not just “excess” assets, as defined in the statute. In this case, E.N. married and had two children – Shirley and Marvin. He executed a will in 1983 and…

Domestic violence groups merging

Starting Wednesday, two organizations designed to battle domestic violence are merging to expand their reach across Indiana.The Indiana Coalition Against Domestic Violence (ICADV) and the Protective Order Pro Bono Project of Greater Indianapolis are teaming up to combine resources. Aside from providing legal support for domestic violence victims, the newly merged organization will provide referrals to domestic violence service providers for people seeking protective orders. Long-time Marion County domestic violence advocate Linda Olvey Helman will oversee that segment.Kerry Hyatt Blomquist, founding…

Misconduct not inappropriate enough to alter trial outcome

A prosecutor ;s request to call opposing defense counsel to the stand during a Pike County trial may have been inappropriate, but the Indiana Court of Appeals has determined it didn ;t rise to the level of misconduct that would have impacted the outcome.The appellate panel issued its decision today in Joshua J. Nolan v. State, which stems from a 2005 case leading to Nolan ;s conviction for criminal deviate conduct and residential entry. He raised three issues on appeal, but…

Indiana’s GAL/CASA program receives $49,000

A national grant will help pay for an Indiana Supreme Court program serving neglected and abused children whose families are in the court system.The state’s highest court announced Wednesday that the Guardian Ad Litem/Court Appointed Special Advocate (GAL/CASA) Program is receiving $49,000 from the National CASA Association.Formed in 1990, the state court’s program was the first in the nation last year to be certified for meeting standards. It also offers training and support for about 65 counties across the state -…