Articles

Judge again finds death row inmate competent

A federal judge in Indianapolis has found that a death row inmate is competent to assist his attorneys and proceed with a five-year-old habeas appeal that's been stayed twice because of mental health concerns.

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Attorney files suit against Indiana’s JLAP

A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.

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Senate Judiciary OKs magistrate for judge

U.S. Magistrate Judge William T. Lawrence in Indianapolis has just won unanimous approval from the Senate Judiciary Committee this morning to become a federal district judge.At the end of its 10 a.m. business meeting that concluded just before 10:30 a.m., the committee voted 10-0 in favor of Magistrate Lawrence’s nomination for a judgeship in the Southern District of Indiana. His confirmation hearing was May 2.Now, Magistrate Lawrence awaits confirmation from the full Senate. The president had selected him in February to…

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COA: Insurance company can’t deny coverage

The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.

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IBA seeks nominations for award

The Indianapolis Bar Association’s Women and the Law Division is seeking nominations for its 2008 Antoinette Dakin Leach Award. July 31 is the deadline to submit nominations. The Antoinette Dakin Leach Award recognizes a female attorney for her professional and personal accomplishments. Nominees should be those who encourage other women to pursue a legal career or blaze a path not taken by others. Nominees will be evaluated on their accomplishments, service, mentoring, and professionalism. They will be honored at a luncheon this fall….

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Court implements new staff training

The Marion Superior Court has started a new continuing court education program for its employees as part of an ongoing effort to better serve staff and the community. The training was the first in a series of mandatory sessions planned for 2009.

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Court upholds murder conviction

The Indiana Court of Appeals upheld a Brown County man’s murder conviction, finding there was sufficient evidence to show he killed his wife in 2003. The man, Michael B. Smith, appealed his conviction, arguing evidence was admitted in violation of Indiana Evidence Rule 404(b) and that it was insufficient to support his conviction. Smith was found guilty of killing his wife Linda, whom he claimed he found alone in their hot tub after he fell asleep earlier in the evening. In…

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Zachary’s Law case could go to SCOTUS

The Indiana Attorney General’s Office wants the nation’s highest court to review the 7th Circuit Court of Appeals ruling from last summer on a death-penalty case, which inspired Zachary’s Law that requires convicted child molesters to register their addresses in a statewide public database.

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Governor appoints new Delaware Circuit judge

Gov. Mitch Daniels has appointed attorney Chris M. Teagle as judge of Delaware Circuit Court No. 5. Teagle succeeds Judge Wayne J. Lennington, who turned in his resignation from the bench earlier this year.Teagle, of Albany, has served in private practice in Muncie since 1985 and has had his own civil law practice since 1993. The Valparaiso University School of Law graduate will start May 16. Judge Lennington sent his resignation letter to the governor in March citing health reasons. An…

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Five appellate jurists will be on ballot

Michael W. Hoskins [email protected] All of Indiana’s appellate jurists facing retention this year will appear on November’s ballot. Facing a Tuesday deadline to file retention paperwork, the five jurists have told Indiana Lawyer they hope to return to either the Indiana Supreme Court, Court of Appeals, or Tax Court. Chief Justice Randall T. Shepard, Justices Theodore M. Boehm and Brent E. Dickson, Court of Appeals Judge Carr Darden, and Tax Court Judge Thomas G. Fisher are up for retention. Late last week,…

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Attorneys scrutinize ad ruling

Two Indianapolis law firm partners wonder why they were not given a chance to prevent potential lawyer advertising violations as colleagues have been given off and on through the years.

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Supreme Court grants 3 transfers

The Indiana Supreme Court granted three transfers yesterday in cases involving a resisting law enforcement conviction, denial of benefits from Indiana's Second Injury Fund, and the reversal of a jury award filed by a college student cleared of rape.

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Attorney blamed for lack of proper relief

The 7th Circuit Court of Appeals upheld a decision by the U.S. District Court in Hammond in which two plaintiffs were injured by a drunk driver and then awarded less-than-adequate relief from a jury, agreeing that any proper relief denied to the plaintiffs was a result of their attorney.In Christina Soltys and Danuta Pauch v. Yvonne Costello, No. 06-3175, the 7th Circuit affirmed the District Court didn’t err in denying the plaintiffs’ eleventh-hour motion to amend their complaint to add a count…

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Commission wants judge suspended now

The Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.

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Comments sought on child support rules

The Domestic Relations Committee of the Judicial Conference of Indiana is seeking public comment concerning Indiana’s Child Support Rules and Guidelines as part of its review process to propose changes to the Indiana Supreme Court. Written comments are due July 3 and may be submitted by an online survey, by fax to (317) 233-3367, or by mail to Indiana Judicial Center c/o the Domestic Relations Committee, 30 S. Meridian St., Suite 900, Indianapolis, IN 46204-3564. A public hearing will be conducted…

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