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Ex-public defender reinstated after harassment suspension

May 30, 2019

A former Adams County chief public defender who was suspended from the practice of law for harassing an ex-girlfriend has been reinstated to the practice of law by the Indiana Supreme Court. A hearing officer in the attorney’s case had concluded the lawyer’s prescribed antidepressant Prozac had triggered his misconduct.

Restitution affirmed in Vigo school district kickback scheme

May 30, 2019

The 7th Circuit Court of Appeals has affirmed a restitution calculation in the case of a former Vigo County School Corporation employee who received a share of more than $110,000 in kickbacks after steering government contracts to a favored bidder.

7th Circuit vacates ruling in light of new uniform-rental law

May 30, 2019

The 7th Circuit Court of Appeals has vacated in part a Southern District Court’s decision, asking it to reconsider whether an amended Indiana wage-deduction law could be retroactively applied to claims made against a former employer for withholding employee wages to rent work uniforms.

Supreme Court indefinitely suspends Knox County attorney

May 30, 2019

A suspended Vincennes attorney’s sanction has been converted to an indefinite suspension from the practice of law for failing to cooperate with the Indiana Supreme Court Disciplinary Commission concerning a grievance filed against him.

Fort Wayne electronic health records company to pay states $900K after data breach

May 30, 2019

A Fort-Wayne based electronic health records company has agreed to pay $900,000 to settle an Indiana-led multistate lawsuit filed after a data breach compromised the personal health information of nearly 4 million people.

Amish couple settles lawsuit over photos their faith forbids

May 30, 2019

An Amish couple with 13 children settled a lawsuit that accused federal officials of violating their constitutional rights by insisting they provide photographs of themselves before the Canadian wife’s request to become a permanent U.S. resident can be approved.

Ex-Vanderburgh prosecutor employee files bias complaint

May 30, 2019

A former employee alleges Vanderburgh County Prosecutor Nick Hermann fired her unfairly after she rejected his romantic advances. Hermann denied the allegations but acknowledged the former employee had told him he had made her uncomfortable.

Man gets life in prison for Indiana deputy’s shooting death

May 30, 2019

A Lebanon man has been sentenced to life in prison without parole after pleading guilty in the fatal shooting of a Boone County sheriff's deputy.

Trump: Mueller is a ‘never Trumper’ who led a biased probe

May 30, 2019

President Donald Trump blasted special counsel Robert Mueller on Thursday, calling him a “never Trumper” who led a biased investigation on Russia’s interference in the 2016 election and failed to investigate his opponents who didn’t want Trump to be president.

Justices affirm denial of parolee’s sentence modification

May 29, 2019

A man seeking to modify his already served sentence failed to convince the Indiana Supreme Court to accept his argument, though the high court rejected his position for a different reason than the Indiana Court of Appeals.

Opinions May 29, 2019

May 29, 2019

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday.
Anthony Bedolla v. State of Indiana

19S-PC-328
Post conviction. Reverses the Marion Superior post-conviction court’s order denying Anthony Bedolla’s motion to correct error. Remands for proceedings consistent with the opinion. Justice Geoffrey Slaughter concurs in part, dissents in part with a separate opinion.

Res judicata leads to remand of CHINS determination

May 29, 2019

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.

Appeals panel upholds Muncie doctor’s convictions

May 29, 2019

The Indiana Court of Appeals has affirmed the forgery and prescription-related offenses for a Muncie doctor alleged to have overprescribed pain medication to patients by using his nurse practitioners’ names to sign the orders.

Judgment for INDOT upheld in fatal crash litigation

May 29, 2019

Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.

Justices: Trial court’s threats of contempt abuse of discretion

May 29, 2019

Indiana Supreme Court justices have reversed a post-conviction court’s ruling after agreeing it abused its discretion by using heavy-handed threats of contempt that prevented an attorney from making an offer of proof.

CHINS reversal: ‘State may not intrude’ where coercion unnecessary

May 29, 2019

A father who was ordered removed from the home he shared with his wife and four children despite a clean record and no prior reports of domestic violence won a ruling in his favor Wednesday. The Indiana Court of Appeals reversed a CHINS finding and concluded, “when coercion is not necessary, the State may not intrude into a family’s life.”

Car search after meth dealer’s arrest divides COA panel

May 29, 2019

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

Losing on appeal, son must pay family’s appellate fees in trust dispute

May 29, 2019

A man who appealed judgments against him in a trust case involving a 40-acre Westfield property lost in virtually all respects and now is on the hook for the appellate legal fees of relatives who sued to block his actions.

IndyBar: Let the IndyBar Be Your Partner in Practice — Join as a Paralegal Member!

May 29, 2019

The IndyBar isn’t just for attorneys. We’re proud to include paralegals in our membership of more than 4,200 legal professionals — with countless benefits and opportunities available to you as a paralegal member and a close-knit network of respected legal professionals, we hope to be your companion throughout your career in Indianapolis.

IndyBar: Nod to Professionalism — James Zoccola

May 29, 2019

It is a common fallacy that the best litigators are aggressive “bulldogs” who beat opponents into submission with raised voices and hard-nose tactics. In fact, the best litigators utilize preparation, knowledge and dedication to resolve matters efficiently, whether through mediation or trial. Jim Zoccola is the epitome of the latter; an attorney worthy of recognition for his civility.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

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