Suspended attorney faces contempt, fine, possible prison
The Indiana Supreme Court has ordered a South Bend attorney to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended.
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Zionsville attorney Kirk Horn dies at 55
Zionsville attorney Kirk Allan Horn, 55, died on Friday, August 3. Visitation and a celebration of life service are planned later this week.Horn began his career as a Marion County Probation Officer after graduating from Hanover College with a degree in psychology. The position inspired his lifelong passion for law and public service, spurring him to receive a J.D. from Indiana University Maurer School of Law.
AG Hill moves to block Marion County early voting sites
Marion County’s decision to open additional voting centers is being contested by Attorney General Curtis Hill, but the Marion County Election Board disputes his assertion that the agreement to offer more early voting sites is contrary to Indiana law or that the board lacked a unanimous vote.
Heroin overdose sufficient for possession conviction, COA rules
A man who argued public policy should disfavor criminally charging people who have overdosed on heroin lost Wednesday, as the Indiana Court of Appeals affirmed his felony possession conviction.
COA affirms denial of second foreclosure settlement conference
A woman facing foreclosure won’t be awarded a second chance at a settlement conference after the case was officially closed due to her lack of response, the Indiana Court of Appeals affirmed Wednesday.
COA affirms award of fees, dismissal of stepmom’s visitation suit
No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.
GOP congressman arrested, charged with insider trading
Republican U.S. Rep. Christopher Collins of New York was arrested Wednesday on charges he fed inside information that he gleaned from sitting on the board of a biotechnology company to his son, helping others dodge hundreds of thousands of dollars in losses when bad news came out.
DOC wardship of juvenile delinquent affirmed
A 17-year-old adjudicated as a juvenile delinquent has failed to convince the Indiana Court of Appeals to overturn the Indiana Department of Correction’s wardship over him after failing to prove the case’s disposition constituted fundamental error. But the COA also urged courts to consider allowing juveniles to speak in such cases.
Justices to suspended attorney: Pay fine or face prison
The Indiana Supreme Court has ordered a Kokomo attorney who is already suspended to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended. The court said the lawyer twice contacted opposing counsel who responded by noting his suspension.
Gary woman jailed after fatal fire seeks mental health treatment
A Gary woman jailed on neglect charges after her two young children died in a March apartment building fire is seeking additional mental health treatment.
Manafort lawyer attacks star witness’ affair, ‘many lies’
The questioning of Paul Manafort’s protege was confrontational and personal: Manafort’s lawyer hammered Rick Gates about his own crimes, an extramarital affair and a guilty plea with prosecutors that may spare him severe punishment.
Opinions Aug. 7, 2018
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.A.G. (Minor Child); C.L. (Mother) and A.G. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-293
Juvenile termination. Affirms the Dearborn Circuit Court’s termination of A.G. and C.L.’s parental rights over their minor child, E.G. Finds the totality of the evidence, including the parents’ historical inability to provide a safe and stable home and their failure to maintain contact with E.G., supports the trial court’s conclusion that termination of parental rights is in E.G.’s best interest.
Indiana lawmakers consider expanding industrial hemp market
Indiana lawmakers are considering allowing farmers to grow industrial hemp. Members of the Interim Study Committee on Agriculture and Natural Resources heard from farmers and state leaders in support of the new crop during a committee meeting on Monday.
US Supreme Court may see Lake Michigan beach ownership case
A years-long dispute over the ownership of Lake Michigan’s shoreline may be headed to the U.S. Supreme Court. Justice Elena Kagan last week approved a request from Bobbie and Don Gunderson’s attorneys to extend the deadline for seeking a U.S. Supreme Court review in their case to Oct. 5.
ABA House of Delegates urges support for transgender military services
The American Bar Association House of Delegates voted in favor of a resolution that urges the federal government to recognize that transgender persons should not be discriminated against in applying for United States Armed Forces based on gender identity.
Florida case against PACER fees set for May 2019 trial
A Florida attorney, tired of being charged by PACER for accessing court opinions, has been given a trial date and is asking the district court to reconsider the denial of his attempt to bring in more plaintiffs. A Florida judge will hear the case in May.
Model law firm ‘impairment’ policies withdrawn from ABA annual meeting discussion
A resolution that would have updated current guidelines for how the legal community should address lawyer impairment was withdrawn from the American Bar Association House of Delegate’s schedule before it could be discussed at the annual meeting on Monday.
Elkhart man moves to withdraw wrongful conviction petition
A mentally disabled man challenging his conviction in a 2002 Elkhart murder has moved to withdraw his petition to vacate judgment in favor of filing a successive petition for post-conviction relief.
Settlement reached in Indiana Title VII case that started judicial shift
Kimberly Hively, the adjunct math professor whose employment discrimination complaint changed Title VII law in the 7th Circuit, has settled with her former employer, Ivy Tech Community College. But the issue of whether the Civil Rights Act provision extends to sexual orientation continues to roil in other judicial districts and may yet be examined by the U.S. Supreme Court.
Supplier that ‘ghosted’ hotel ordered to pay nearly $300K
A lighting supplier that failed to deliver almost $100,000 worth of fixtures for a South Bend hotel renovation — then failed to respond to a resulting breach of contract lawsuit — has been ordered to pay treble damages and fees approaching $300,000.