Articles

Justices split on rental restriction case

In a ruling that could be the first of its kind in the nation, a divided Indiana Supreme Court Thursday afternoon reversed a lower court’s ruling that a Kokomo subdivision’s covenant restricting rentals violated the federal Fair Housing Act because of potential racial implications.The state’s highest court has been quiet on the issue since hearing arguments in October 2006, but it simultaneously decided to grant transfer and issue an opinion in the case of Villas West II of Willowridge v. Edna…

Read More

Federal magistrate faces Senate committee

A federal magistrate nominated to become a Southern District of Indiana judge went before the U.S. Senate Judiciary Committee Thursday afternoon.Magistrate William Lawrence from Indianapolis faced committee members in Washington, D.C., to discuss why he should be promoted within the federal court’s ranks. President George W. Bush selected him in February to succeed Judge John D. Tinder, whom the Senate confirmed to the 7th Circuit Court of Appeals last year. Magistrate Lawrence was appointed in November 2002 but had worked at…

Read More

Judicial nominees submitted to governor

The St. Joseph Superior Court Judicial Nomination Commission submitted five names today to Gov. Mitch Daniels to fill an upcoming vacancy after St. Joseph Superior Judge William T. Means retires Sept. 30.

Read More

Indiana has voice in Second Amendment case

For the first time in 70 years, the U.S. Supreme Court is testing the scope of the Second Amendment and could decide what “the right to keep and bear arms” means for the 21st century.Justices will consider the question Tuesday morning in District of Columbia v. Heller, 07-290, which involves a citizen’s challenge to a Washington, D.C., law banning him from keeping a handgun in his home.At issue is to what extent the gun rights amendment to the Constitution applies to…

Read More

Settlement may be largest of its kind: State agency resolves federal lawsuit that began with legal malpractice claim

An Indianapolis law firm has been holding its breath for two years. Ever since getting hit with a potentially devastating $17.9 million jury verdict on a legal malpractice claim in state court, the 45-year-old law firm Fillenwarth Dennerline Groth & Towe hasn’t been able to put the focus on its daily client business without acknowledging that dark storm cloud hovering overhead. Now, the storm cloud has dissolved. In what may be the state’s largest-ever liquidation return of its kind, the Indiana…

Read More

Magistrate up for nomination vote

The U.S. Senate Judiciary Committee is expected to vote Thursday morning on whether a federal magistrate in Indianapolis should be elevated to district judge for the Southern District of Indiana.A nomination vote for Magistrate William Lawrence is on the committee’s agenda for the 10 a.m. meeting. The Indianapolis magistrate, who’s been on the bench since 2002, went before the Senate committee in early May for his confirmation hearing. The president had selected him in February for the seat.If affirmed by the…

Read More

Test run for SCOTUS arguments

An Indiana case goes up to the U.S. Supreme Court in the final week of March to determine whether a man who’s been found competent to stand trial is competent to represent himself in those court proceedings.Before that happens, though, the defense team representing the Indianapolis man is at the University of Illinois College of Law in Chicago getting a test run today in a mock argument of Indiana v. Ahmad Edwards, No. 07-208, which will go before the nation’s highest court…

Read More

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…

Read More

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.

Read More

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…

Read More

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…

Read More

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…

Read More

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.

Read More

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…

Read More

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.

Read More

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…

Read More

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.

Read More

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…

Read More