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Opinions Oct. 18, 2018

October 18, 2018

Indiana Supreme Court
In the Matter of Edward R. Hall

98S00-1703-DI-152
Attorney discipline. Disbars Florida attorney Edward R. Hall from the practice of law in Indiana. Finds Hall committed attorney misconduct by disobeying a subpoena and causing another witness to do the same, neglecting clients’ cases and engaging in a pattern of dishonesty, among other things.

Access to justice forum, pro bono awards on LSC agenda

October 18, 2018

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.

Florida-based attorney disbarred for 12 rule violations

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 18, 2018

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

October 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

October 17, 2018

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

October 17, 2018

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

October 17, 2018

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

October 17, 2018

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 

October 17, 2018

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

October 17, 2018

The Indiana Supreme Court has named a new chief administrative officer, succeeding the former CAO who abruptly resigned earlier this year.

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

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

  • 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

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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