Articles

Counties, courts recover from flooding

Johnson County Prosecutor Lance Hamner rushed to his downtown Franklin office on Saturday to save computers and files from floodwater.At first, water was about an inch high. Within an hour, the floodwater had creeped higher – he was being shocked while trying to salvage computers. The water suddenly reached 4 feet, making the prosecutor’s office look more like an aquarium than an office. Rushing floodwater rose even higher, crushing doors shut, trapping him inside so that he couldn’t even escape through…

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Appeals filed in challenged mail-in ballot ruling

The plaintiffs in a Marion County suit involving how challenged mail-in absentee ballots are counted have filed a verified appellate Rule 56(a) motion for the Indiana Supreme Court to accept jurisdiction over their appeal.

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Lawyer sentenced for battery, confinement

An Indiana attorney convicted of sexual battery, criminal confinement and interference with reporting of a crime was sentenced March 6 in Porter Circuit Court. Michael Haughee had been found guilty of assaulting a woman in a wheelchair. Haughee received a concurrent sentence on all three counts of one year in jail and one year supervised probation. The Griffith attorney wasn’t immediately taken into custody because Porter Circuit Judge Mary Harper agreed to consider whether to stay his jail sentence pending an appeal, said Porter…

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Settlement may be largest of its kind

In what is believed to be the highest-ever payout of its kind in the state, the Indiana Department of Insurance will receive $16.5 million from a national legal malpractice insurer as part of a federal lawsuit settlement.

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Trial Rule submission deadline extended

The deadline for clerks to submit an Indiana Trial Rule 77(k) request to post court information on the Internet has been extended to Feb. 29. The original deadline was Feb. 15. A complete list of counties approved to post court records can be found on the state’s judiciary Web site. Clerks, with the consent of the majority of the judges in the courts of record, may make certain court records available to the public through remote electronic access, such as the Internet….

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High court names public information officer

A former television journalist is the new public information officer for the Indiana Supreme Court. Kathryn Dolan, former morning news anchor at WLFI in Lafayette, was hired in an effort to continue promoting public awareness about the Supreme Court.Dolan will work to help better inform citizens about how the court works and the impact of its decisions, and will also encourage media coverage of the Supreme Court. Dolan, a New Mexico native, started in the position June 30.She takes over a…

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COA: Duty to defend not triggered

Frustrated with the parties involved in the litigation, the Indiana Court of Appeals April 17 reversed a trial court’s ruling in a case involving public-access laws, fraud, and an insurer’s duty to defend.In Allianz Insurance Company, et al. v. Guidant Corporation, et al., No. 49A05-0704-CV-216, Chief Judge John Baker wrote the unanimous opinion regarding the “monstrosity of a litigation that has crossed state lines” is a straightforward dispute about when and whether an insurer’s duty to defend had been triggered. The judge cited the…

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Leave act specific to alcoholism treatment

An Indiana man sued his former employer for firing him on grounds that he missed too much work, arguing that he was covered by the federal medical leave act because he was getting treatment for alcoholism.But the 7th Circuit Court of Appeals determined today that the Family and Medical Leave Act doesn’t protect workers from being dismissed. Because he missed three days of work just prior to being admitted for alcoholism treatment and that time combined with previous absences was enough…

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Court: Company not negligent in trust demise

The 7th Circuit Court of Appeals upheld a magistrate judge’s ruling in favor of a Michigan company on claims that it was negligent in managing an Indiana trust that eventually collapsed. Magistrate Judge John Paul Godich, of the U.S. District Court Southern District of Indiana’s Indianapolis Division, granted summary judgment in favor of Benefit Actuaries on Indiana Funeral Directors Insurance Trust’s claims that Benefit violated its fiduciary duty under ERISA, and negligently failed to provide competent advice while managing the trust.The…

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Commission mulls retention, mandates

A legislative study committee on courts delved into a variety of topics on Thursday afternoon, ranging from a new judicial retention Web site, judicial mandates, and the first new court request of the year.

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SCOTUS limits pro se rights

The U.S. Supreme Court has decided that states may require a criminal defendant who suffers from a mental illness to have a lawyer rather than allowing that person to act as his or her own defense counsel, even when the individual is competent to be tried.Vacating an Indiana Supreme Court decision from more than a year ago, the nation’s highest court today issued its 7-2 ruling in Indiana v. Ahmad Edwards, No. 07-208, holding that states can restrict pro se representation…

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Sexual misconduct case gets transfer

The Indiana Supreme Court granted transfer Thursday in a case involving the liability of a township trustee for sexual misconduct of her employee. In Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township, No. 76A03-0704-CV-182, the Indiana Court of Appeals overturned the trial court grant of summary judgment in favor of Camille Clark, who is also referred to as Camelia in the brief.Clark’s husband, Donald, was the deputy township trustee. Debra Barnett went to the trustee’s office and met with Donald…

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Johnson County CASA program gets grants

The Johnson County Court Appointed Special Advocates program has received four grants totaling more than $22,000 to fund the recovery from the June flood and expand the program's mission.

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Court sponsors Lincoln lecture, free CLE

The Indiana Supreme Court will host a free CLE event, "Why it Mattered That Lincoln Was a Lawyer," from 3 to 4:30 p.m. Oct. 3. The event is part of a national celebration of the bicentennial of President Abraham Lincoln's birth, Feb. 12, 2009. Anderson University professor Brian Dirck will give a special lecture at […]

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COA cuts sentence for drug convictions

The Indiana Court of Appeals upheld a defendant’s drug convictions, but found the trial court erred in sentencing him. As a result, the appellate court reduced his sentence by 33 years. In Gary L. Williams Jr. v. State of Indiana, No. 39A04-0708-CR-481, Williams appealed his convictions of and his 73-year sentence for dealing in cocaine, and possession of cocaine and marijuana. The Indiana Court of Appeals affirmed Williams’ convictions on two counts of dealing in cocaine as Class A felonies, possession of…

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COA: Second amended complaint allowed

A former Steak 'n Shake employee appealed the trial court's dismissal of his claims of defamation and invasion of privacy against the company, which the Indiana Court of Appeals reversed and remanded today.

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Judge grants injunction for judicial candidates

For the time being, Hoosier judicial candidates can’t be sanctioned for answering a questionnaire about their views because of a federal judge’s decision today.U.S. District Judge Theresa L. Springmann in Fort Wayne issued a preliminary injunction earlier this afternoon, stopping Indiana from enforcing rules that prohibit judicial candidates from responding to surveys on their views.The 36-page order came in Torrey Bauer et. al. v. Randall T. Shepard et al., No. 3:08-CV-196-TLS. The non-profit Indiana Right to Life Committee filed the suit…

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COA: Court lacked personal jurisdiction

The Indiana Court of Appeals reversed a trial court’s denial of a biological mother’s motion to set aside an adoption decree because the court lacked personal jurisdiction over her and her due process rights were violated. In In the matter of the adoption of D.C.; H.R. v. R.C., No. 22A01-0709-CV-425, the appellate court ruled the adoptive mother, R.C., did not do everything she could to contact H.R., the biological mother, about R.C.’s petition to adopt D.C. R.C., who married D.C.’s biological father,…

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