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Opinions Oct. 3, 2018

Indiana Court of Appeals
Bobby J. Johnson, Jr. v. Hix Wrecker Service, Inc.
18A-PL-10
Civil plenary. Affirms the Marion Superior Court’s award of post-judgment attorney’s fees to Bobby J. Johnson, Jr. and his counsel. Finds the trial court did not abuse its discretion by vacating its prior provisional order for sanctions against Hix Wrecker Service, Inc. Also finds no abuse of discretion in the trial court’s calculation and award of roughly $35,000 in post-judgement attorney fees to Johnson’s counsel without using the lodestar method. 

Indiana law professors sign letters opposing Kavanaugh confirmation

Law professors from all four of Indiana’s law schools have signed letters asking the United States Senate to oppose the confirmation of Brett Kavanaugh to the U.S. Supreme Court. One letter argues Kavanaugh lacks the temperament to be seated on the nation’s highest court, while the other asserts he was not fully vetted and that his judgments would erode civil and individual rights.

COA: No error in calculating $35K in attorney’s fees

The Indiana Court of Appeals affirmed the award of more than $35,000 in attorney’s fees, despite a lawyer’s argument that the amount awarded to a plaintiff in an employment suit was miscalculated.

Key GOP senators hit Trump for mocking Kavanaugh accuser

Two wavering Republican senators lambasted President Donald Trump on Wednesday for mocking a woman who has claimed Brett Kavanaugh sexually assaulted her in the 1980s, underscoring the risks of assailing Kavanaugh’s three accusers as Senate support teeters for the Supreme Court nominee.

USA Diving wants dropped from lawsuit alleging sex abuse

Indianapolis-based USA Diving is seeking to be dismissed as a defendant in a federal lawsuit from several female divers who say they were sexually abused and exploited by a former coach who worked in Ohio and Indiana.

Opinions Oct. 2, 2018

Indiana Court of Appeals 
Jason Michael Gibson v. State of Indiana
18A-CR-743
Criminal. Affirms Jason Michael Gibson’s convictions of robbery and conspiracy to commit robbery, both as Level 3 felonies and his sentence to an aggregate of 17 years. Finds the St. Joseph Superior Court did not commit fundamental error when it entered judgment of conviction for conspiracy to commit robbery, and his convictions do not violate double jeopardy principles. Also finds the trial court did not abuse its discretion when it admitted into evidence Gibson’s inculpatory statements to police and the evidence was sufficient to support Gibson’s conspiracy conviction. Finally, finds Gibson failed to show that the trial court abused its discretion when it sentenced him. 

New COA judge Tavitas honored as ‘true public servant’ at robing ceremony

There are many adjectives friends and colleagues used to describe Elizabeth Tavitas, the newest Indiana Court of Appeals judge, when they gathered to celebrate her ceremonial robing on Monday. But as each speaker described their unique experiences with Tavitas, there was a common theme running through each set of remarks: service.

Beloved friends remembered at Indy Red Mass celebration

As the Catholic Church is being rocked again by another clerical sex abuse scandal, the Indianapolis St. Thomas More Society held its 59th Annual Red Mass Monday evening and did what everyone does in times of heartache – turned to the comfort of old friends. In Indiana, dioceses in Lafayette, Gary, Fort Wayne and Evansville, along with Indianapolis, all held Red Mass services this year.

Lawyer accused of theft from disabled held without bond amid new charges

A suspended Indiana lawyer accused of stealing hundreds of thousands of dollars from disabled and special needs clients was held without bond Tuesday in the Johnson County Jail after authorities in at least two counties had issued warrants for his arrest. Kenneth Shane Service was arrested Monday and is likely to remain behind bars until he’s transported to await court dates in three Indiana counties where he currently faces felony theft charges.

Appellate court upholds robbery, conspiracy convictions

A northern Indiana man who planned and executed the robbery of a home after being invited to stay at the residence has lost his appeal of his convictions and sentence before the Indiana Court of Appeals.

IndyBar: Sections and Divisions Need You!

As 2018 ticks to a close, IndyBar sections and divisions are in the process of evaluating their committee rosters and determining vacancies for 2019. Now is the perfect time to indicate your interest in serving on a committee.