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Council confirms new chief defender

It’s official: Marion County has a new chief public defender.The City-County Council voted Monday to approve Robert Hill Jr. as the county’s top public defender, succeeding David E. Cook who left the office after 13 years to return to private practice.Hill, who has long ties to the agency and extensive experience in public defense, won the council’s support by a 27-1 vote. Councilman Monroe Gray was the sole dissenter, and Jose Evans did not attend the meeting. The public defender’s office…

Justices address parental discipline

A mother who spanked her 11-year-old son with a belt or extension cord didn’t cross the line between parental discipline and abuse, the Indiana Supreme Court has ruled.In its 4-1 decision late Tuesday in Sophia Willis v. State of Indiana, No. 49S02-0707-CR-295, the state’s high court established a bright-line rule on parental discipline privilege that it hasn’t addressed since the adoption of the Indiana Criminal Code.Sophia Willis was charged and convicted of battery as a Class D felony for spanking her…

Attorney chairs women’s health campaign

A northern Indiana attorney wants to make sure women in her community are aware of the No. 1 killer of American women – heart disease. Along with several organizations, Dana Leon is chairing the Heart Truth campaign of Kosciusko County. Leon, a partner at Warsaw law firm Rockhill Pinnick, became involved with the Heart Truth campaign through her participating Tri-Kappa sorority. The sorority was approached by the county’s community foundation to help stage an event for women’s health in the community….

Sexual misconduct doesn’t fall under MedMal act

The Indiana Court of Appeals today affirmed a trial court determination that an employee's sexual conduct with a patient can't constitute a rendition of health care or professional services, so a negligent hiring complaint against a hospital based on that conduct doesn't fall under the Indiana Medical Malpractice Act.

Justices issue robo-call decision

The Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages, leaving that question for another day.

High court rules in favor of insurers in silica case

Companies that owned the assets of an industrial blast machine can't seek coverage from the insurers who issued liability policies for previous owners of the machine, the Indiana Supreme Court ruled yesterday.

Soldiers sue contractor for toxic exposure in Iraq

Sixteen members of Indiana National Guard have filed a lawsuit against a Texas-based contractor working in Iraq for exposing the soldiers to a toxic chemical known to increase the risk of developing cancer.

Suit challenges new sexually explicit retailer law

Several Indiana arts and publishing organizations have joined the American Civil Liberties Union of Indiana in a suit challenging the state’s new law that requires sellers of sexually explicit material to register and pay a fee to the state. The ACLU of Indiana, along with the Indianapolis Downtown Artists and Dealers Association, Freedom to Read Association, Big Hat Books, Indianapolis Museum of Art, and other groups, yesterday filed the suit, Big Hat Books, Boxcar Books and Community Center Inc., et al….

IBA collecting items for troops overseas

The Indianapolis Bar Association, through its Lawyers Care project, is collecting personal items and food to send to Indiana National Guard troops stationed in the Middle East.

Court: Girlfriend could consent to search

The 7th Circuit Court of Appeals upheld a defendant’s conviction of possession of ammunition by a felon, finding the defendant’s girlfriend had the authority to consent to a search of the apartment by police when the defendant was not present. In United States of America v. Daniel Groves Sr., No. 07-1217, the Circuit Court had to determine whether Daniel Groves’ girlfriend, Shaunta Foster, could allow police to search their apartment without a warrant in light of the recent U.S. Supreme Court case,…

COA: primary before true excess policies

Indiana’s “Lease Statute” can’t be used to determine the priority of insurance coverage between a primary insurance policy and true excess policies, ruled the Indiana Court of Appeals today in a case of first impression. Old Republic Insurance appealed the trial court’s decision in Old Republic Insurance Co. v. RLI Insurance Co., et al., No. 49A04-0709-CV-523, which determined Old Republic’s policy had higher priority over other excess policies and that the Lease Statute didn’t allow for ranking different types of insurance policies….

State trumps local red-light camera ordinances

Cities and towns that want to use red-light cameras to catch traffic violators can’t adopt an ordinance to implement the cameras because current laws allow only the state to regulate moving traffic violations, Attorney General Steve Carter said.Carter issued an official opinion Friday regarding whether a municipality can adopt an ordinance to use red-light cameras to determine whether a driver has violated traffic laws. Carter issued the opinion in response to an inquiry from Sen. Earline Rogers, D-Gary. The city of…

Child Advocates set lunchtime orientations

Child Advocates Inc. is offering additional downtown orientation sessions this month for those interested volunteering as a child advocate for Marion County youth in child services and the foster care system.

Mass. chief justice to speak at law school

The Indiana Supreme Court Lecture, “Anatomy of Freedom: John Adams on a Global Scale,” will feature as speaker the first female chief justice of the Massachusetts Supreme Judicial Court. The lecture begins at 5 p.m. March 25 at the Wynne Courtroom at Indiana University School of Law – Indianapolis. Margaret H. Marshall was appointed chief justice of the Supreme Judicial Court of Massachusetts in 1999. Originally from South Africa, she came to the U.S. to pursue her master’s degree at Harvard…

Court agrees on ID standard, split on ‘injury’

Requiring police identifications to be recorded isn't a standard the Indiana Court of Appeals is willing to adopt at the moment. A three-judge appellate panel agrees on that issue, but in a ruling today those judges disagree on a separate appeal claim about a victim's punch to the face. In Henry Lewis v. State,  No. […]

New St. Joseph Superior judge appointed

Gov. Mitch Daniels has appointed South Bend attorney Margot Fisher Reagan to St. Joseph Superior Court to replace the retired Judge William T. Means.

Circuit Court finds no age discrimination

A doctor whose job was terminated as part of hospital restructuring didn’t provide enough evidence to show he was let go based on his age, the 7th Circuit Court of Appeals ruled today. In Laverne Tubergen v. St. Vincent Hospital and Health Care Center, Inc., No. 06-4304, Dr. Tubergen filed a discrimination complaint against St. Vincent under the Age Discrimination in Employment Act of 1967. In an effort to streamline its operations and become more efficient, the hospital hired James Houser as…

Former commissioner testifies against judge

A former Marion County commissioner took the stand against the judge she once worked for, hinting at a pattern of disorganization in his courtroom. However, she took most of the blame for an almost two-year delay in releasing a man who had been cleared of rape charges.