Access to justice forum, pro bono awards on LSC agenda
The Legal Services Corporation Board of Governors is arriving in Indianapolis on Thursday for its quarterly meeting, marking the first time the board has met in the Circle City in years.
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Florida-based attorney disbarred for 12 rule violations
A Florida-based attorney who was found to have violated a dozen of Indiana’s professional conduct rules has lost his Indiana law license, effective immediately. The Indiana Supreme Court found the lawyer’s dishonesty and neglect of cases had harmed clients and placed himself and others in legal peril.
Judgment affirmed for insurer uninformed of claims
A divided Indiana Court of Appeals affirmed the grant of summary judgment to an insurance company after a client waited more than a decade to notify it had made payments in several suits brought against it.
COA upholds admission of evidence after warrantless car search
The Indiana Court of Appeals has upheld the admission of evidence found during the warrantless search of a convicted drug felon’s vehicle, finding the search did not violate the man’s state constitutional rights.
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
Splenda maker settles trademark lawsuit against IHOP, Applebee’s franchisor
The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.
Southern District proposes amended discipline rules
The U.S. District Court for the Southern District of Indiana is seeking public comment on a proposed amendment that would completely reframe its current discipline enforcement rules.
Ex-USA Gymnastics head charged with evidence tampering
Former USA Gymnastics president Steve Penny was arrested Wednesday after a Texas grand jury indicted him, alleging he tampered with evidence in the sexual assault investigation of now-imprisoned gymnastics doctor Larry Nassar.
Hoosier among 4 convicted in dogfighting operation
Four men, including one from Fort Wayne, have been convicted in Trenton, New Jersey, for their roles in an illegal multistate dogfighting operation.
Man gets 120 years for killing 2 women in Indianapolis
A Gary man has been sentenced to 120 years in prison after being convicted of shooting and killing two women whose bodies were discovered in a burning car in Indianapolis.
Lower Indiana workers’ compensation rates take effect Jan. 1
The Indiana Department of Insurance says lower workers’ compensation rates paid by businesses will take effect Jan. 1. The agency said Wednesday the recently approved reduction averages 7.6 percent and will save businesses about $63 million.
Opinions Oct. 17, 2018
Indiana Court of Appeals
Thomas A. DeCola v. State of Indiana
18A-MI-732
Miscellaneous. Affirms the denial of Thomas DeCola’s request to expunge any and all records pertaining to a school suspension and the decision not to hold a jury trial. Finds the Jasper Superior Court did not err. Holds expungements are not subject to jury trials and the statute does not apply to school records.
Hill defends abortion law’s validity, argues idea is new
Indiana’s recent request for the nation’s highest court to review an abortion law struck down by federal courts has some legal watchers wondering whether the case could be a gateway for dismantling of abortion rights.
DCS criticized for lax notice, but mom’s termination affirmed
The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.
Habitual offender enhancement vacated for failure to inform
The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.
Law firm concerns factor in Bono’s USA Gymnastics departure
When former California Congresswoman Mary Bono took over as the interim president for USA Gymnastics last week, she pointed to the opportunity to "reconnect" with a sport she loved growing up. But Bono stepped down on Tuesday, with some criticizing her employment with Faegre Baker Daniels, the firm that had represented USAG during a period when gymnasts were accusing former Dr. Larry Nassar of sexual misconduct.
COA: Jury trials unavailable for expungements
A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.
Supreme Court names Forkner as new CAO
The Indiana Supreme Court has named a new chief administrative officer, succeeding the former CAO who abruptly resigned earlier this year.
Trial in pipe bomb explosion at post office reset for June
A trial for a man charged in a pipe bomb explosion at a post office in northwestern Indiana has been pushed back until June.