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A lawyer who formerly worked in northern Indiana and already was ordered to repay more than $2.5 million to clients now is facing criminal charges. Federal prosecutors say 61-year-old Sven Eric Marshall, formerly of South Bend, is facing five counts of mail fraud for allegedly running an “elder abuse scam” through an investment company named Trust & Advisory Services of Indiana Inc.
Authorities say a teenage suspect has been killed at a Richmond middle school. Indiana State Police said in a Twitter post that no other students were reported injured in Thursday morning’s shooting at Dennis Middle School in Richmond.
Indiana Court of Appeals
Kelly Sickafoose v. Mary Beery, Auditor of Adams County
18A-MI-1549
Miscellaneous. Affirms the denial of Kelly Sickafoose’s motion for rule to show cause why the Adams County auditor should not be held in contempt. Finds the Adams Superior Court did not err in the denial and that Sickafoose’s filings were frivolous. Also finds an award of appellate attorney’s fees is warranted. Remands to the trial court for a determination of the amount of appellate fees that should be awarded to the auditor. Judge Mark Bailey dissents with separate opinion.
Two Hoosier attorneys that survived a rigorous application process with more than 150 other applicants nationwide have been selected by the Skadden Fellowship Foundation to address public interest issues in their Indiana communities as 2019 fellows.
The Indiana State Bar Association has announced its 2019 Leadership Development Academy class, selecting 25 attorneys from across the state to participate in the program’s eighth year.
Hamilton County teams took home top honors in the Indiana We the People high school and middle school state finals held Sunday through Tuesday in Indianapolis. The first-place finishers now have the chance to compete for national titles.
A split Indiana Court of Appeals affirmed the denial of a drug court coordinator’s claims that an auditor was in contempt of court, finding the coordinator’s claims were frivolous and her excessive filings were unreasonable. As such, the majority awarded appellate attorney’s fees to the auditor.
The Indiana Supreme Court granted one petition to transfer last week, agreeing to hear a case of first impression in which law enforcement officers were barred from forcing a woman to unlock her smartphone as part of a criminal investigation.
While the Supreme Court of the United States has yet to agree to hear an abortion rights case this term, a petition from Indiana regarding its law regulating the disposal of fetal remains and prohibiting women from terminating their pregnancies based on race, sex or disability remains under consideration. Indiana filed a writ of certiorari after the 7th Circuit Court of Appeals upheld a preliminary injunction against 2016's House Enrolled Act 1337.
The Indiana Department of Child Services is requesting a 42 percent increase in its budget next year compared to the funding it was designated to receive this year in the previous budget cycle. The proposed budget from DCS would include $965 million from the state’s general fund per year for the next two fiscal years.
The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.
An Indiana judge has entered a preliminary not guilty plea for a high school football player accused of killing 17-year-old schoolmate Breana Rouhselang, who was pregnant with his child. The St. Joseph County judge also denied bail Tuesday for 16-year-old Aaron Trejo, who’s charged as an adult with murder and feticide.
Records show a former West Terre Haute police officer who appealed his firing has accepted $50,000 to settle a 2015 federal lawsuit alleging racial discrimination. Jonathan Stevens, who is black, signed an agreement in January 2017 to resolve the complaint he’d filed alleging the West Terre Haute Town Council and police chief conspired not to hire him because they allegedly said they didn’t want “his kind” working for the town.
The Indiana Court of Appeals has affirmed a man’s marijuana and handgun convictions based on sufficient and admissible evidence, but remanded the case for the trial court to hold an indigency hearing on imposed probation fees.
The Defense Trial Counsel of Indiana named its 2019 officers and directors at its Twenty-Fifth Annual Conference and Annual Meeting last month. The officers and directors will take office January 1, 2019.
Indiana Court of Appeals
Riley M. Randall v. State of Indiana
18A-CR-1574
Criminal. Affirms Riley Randall’s conviction for Level 3 felony robbery while armed with a deadly weapon. Finds the DeKalb Superior Court did not abuse its discretion in denying Randall’s proposed jury instruction on the duress defense because that defense was not available to Riley.
Indiana Lawyer's 2019 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.
A woman whose finger was severed in an accident at an Elkhart County assembly plant must seek relief via the Indiana Worker’s Compensation Act after the Indiana Court of Appeals affirmed the dismissal of her negligence complaint against the company she worked for at the time of the injury.
The Indiana Supreme Court Disciplinary Commission is warning lawyers of the potential ethical pitfalls that can arise when Hoosier attorneys affiliate themselves with out-of-state law firms or non-lawyer legal services companies. Such relationships could allow the non-Indiana groups to offer legal services in the Hoosier state without actually having to be a member of the Indiana bar, the commission said.
The Indiana Court of Appeals affirmed the denial of a man’s tendered jury instruction after finding the defense included in the proposed instruction was not available to the defendant.