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Opinions Aug. 22, 2018

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:
In the Matter of Michael Jeffries
18S-DI-94
Disciplinary. Suspends Michael Jeffries from the practice of law for a period of not less than three years, without automatic reinstatement, effective Aug. 21. Finds Jeffries committed attorney misconduct by neglecting clients’ cases, maintaining two websites with misleading information, mismanaging his trust account, making false statements to the Indiana Supreme Court Disciplinary Commission and failing to cooperate in the disciplinary process.   

Long-running IBM suit against state back before COA

The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.

Attorney who neglected med mal case suspended for year

An Indianapolis attorney currently under an indefinite suspension for failing to cooperate with a disciplinary investigation has now been suspended for one year after neglecting an elderly client’s medical malpractice case, leading to its dismissal.

U.S. Rep. Duncan Hunter, wife indicted on corruption charges

U.S. Rep. Duncan Hunter and his wife were charged Tuesday with using more than $250,000 in campaign funds to finance family trips to Italy and Hawaii, golf outings, school tuition, theater tickets — even fast food purchases — and attempting to disguise the illegal spending in federal records, prosecutors said.

Artist donates truth-inspired sculpture to COA

A new reminder of truth hangs permanently in the Indiana Court of Appeals office, after Broad Ripple artist Biagio Azzarelli donated his contemporary sculpture entitled “The Truth” to the appellate court on Wednesday.

Sex offender’s rights not violated by registration extension

An Allen County sex offender’s constitutional rights were not violated when the period of time he was required to register as a sex offender was extended after a legislative amendment enacted after he was convicted of the sex crime, the Indiana Court of Appeals ruled Wednesday.

Default custody judgment against Florida mom reversed

A Florida mother can continue with an Indiana custody dispute with the father of her teenage daughter after the Indiana Court of Appeals reversed a default judgment against her. Chief Judge Nancy Vaidik used the opinion to caution trial courts against issuing default judgments in custody cases where a parent shows good cause for a continuance.

Trump’s ex-lawyer’s guilty plea implicates president

President Donald Trump’s former personal attorney has pleaded guilty to campaign finance violations and implicated Trump in a campaign cover-up to buy the silence of women who said they had sexual relationships with him. Michael Cohen’s admission threw Trump’s presidency into crisis and raises questions about Trump’s own legal jeopardy.

Indictments? Impeachment? A look at Trump’s legal woes

A bad day in court for his former associates could foreshadow hard days ahead for President Donald Trump. But it’s unlikely he’ll find himself in a courtroom facing criminal charges, at least while he’s president.

Ex-Trump lawyer Cohen pleads guilty in hush-money scheme

Michael Cohen, President Donald Trump’s former personal lawyer and “fixer,” pleaded guilty Tuesday to campaign-finance violations and other charges, saying he and Trump arranged the payment of hush money to porn star Stormy Daniels and a former Playboy model to influence the election.

Ex-Trump campaign chairman Manafort guilty of 8 charges

Paul Manafort, the longtime political operative who for months led Donald Trump’s winning presidential campaign, was found guilty of eight financial crimes Tuesday in the first trial victory of the special counsel investigation into the president’s associates. A judge declared a mistrial on 10 other counts the jury could not agree on.

KY Distiller to Bob Dylan whiskey co.: Hands off the trademark

With more than 1.4 million barrels of aging bourbon whiskey in reserve, Heaven Hill Distilleries may not cry over a spilled shot glass or two, but it will fight to defend its trademark. The Kentucky distiller has filed an infringement lawsuit against a Chicago-based company that makes a collection of American whiskeys co-created by musical legend Bob Dylan. 

Opinions Aug. 21, 2018

Indiana Court of Appeals
Katelin Eunjoo Seo v. State of Indiana
29A05-1710-CR-2466
Criminal. Reverses the order for Katelin Seo to unlock her iPhone 7 as part of a criminal investigation. Finds compelling Seo to unlock the phone would violate her Fifth Amendment rights against self-incrimination. Remands for further proceedings. Judge Patricia Riley concurs in result without separate opinion. Judge Melissa May dissents with separate opinion. 

AP sources: Cohen in talks to strike plea deal in fraud case

Lawyers for Donald Trump’s former personal attorney, Michael Cohen, were pursuing negotiations with prosecutors that could result in a plea deal and a court hearing was set for Tuesday afternoon, according to two people familiar with the financial fraud investigation. If a deal is struck, Cohen would plead guilty in federal court in Manhattan and agree to cooperate with the government.

Smartphone privacy first impression case splits COA

Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.