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Attorney who harassed client to dismiss complaint suspended

A northern Indiana attorney who made false statements to a trial court then harassed his client in an attempt to get her to dismiss a disciplinary complaint against him has been suspended from the practice of law in Indiana for at least one year.

Admission ceremony reminds new attorneys of their duty

Indiana’s newest lawyers — almost 300 in all — were sworn in Monday morning as their families and friends took pride in their accomplishment and members of the Indiana judiciary offered advice.

Justices to decide marijuana grow probable cause case

The Indiana Supreme Court has agreed to decide whether police officers had probable cause to obtain a search warrant for a home they believed to be the location of an indoor marijuana growing operation after granting transfer to the case last week.

Opinions Oct. 16, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Ali Al-Awadi
16-2643
Appeal from the United States District Court for the Southern District of Indiana.
Judge Tanya Walton Pratt.
Criminal. Affirms Ali Al-Awadi’s convictions of making and attempting to make child pornography. Finds the pattern jury instructions given to the jury accurately told the jury how to assess evidence of acts other than charged crimes, and the jury was instructed that the government had to prove the elements of the charged crimes beyond a reasonable doubt for Al-Awadi to be found guilty. Also finds evidence of Al-Awadi molesting a young girl was permissible because he placed his intent in taking sexually explicit pictures of the girl at issue, the molestation evidence was relevant to his intent, and the government’s evidence was not unduly repetitive. Finally, finds sufficient evidence supports the jury’s conclusion that Al-Awadi used the young girl to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.

Asian-American attorneys group hosts inaugural banquet

The image of G. Michael Witte standing as the lone Hoosier Asian-American jurist 35 years ago contrasted starkly with the crowd he addressed Thursday, when the Indiana Chapter of the National Asian Pacific American Bar Association hosted its inaugural banquet.

Child porn convictions upheld against former daycare worker

A daycare worker convicted of taking sexually explicit photos of a 4-year-old girl in his care will remain in prison after the 7th Circuit Court of Appeals declined to throw out his convictions on the grounds of impermissible evidence or jury instructions.

McKinney remembered at memorial

Family and friends gathered Thursday in the courtroom of late the Senior Judge Larry McKinney at the Birch Bayh Federal Building and United States Courthouse in Indianapolis for a memorial to share stories and celebrate his life.

Murder conviction affirmed after judge recusal appeal

A man who murdered a friend and shot and wounded another lost his appeal that argued the jurist who rejected his guilty plea then presided over his murder trial wrongly denied a motion for a new judge.

COA: Purported grandfather couldn’t bring paternity action

An Indiana trial court erred in ordering parties in a paternity dispute to abide by the terms of a mediation agreement because the man who initially brought the paternity action did not have standing to do so, the Indiana Court of Appeals ruled.

Opinions Oct. 13, 2017

Friday opinions
Indiana Court of Appeals
Dyamond Harris v. Lafayette LIHTC, LP
79A02-1703-SC-638
Small claims. Reverses the Tippecanoe Superior Court’s judgment and writ of possession in favor of Lafayette LIHTC LP on its claim against Dyamond Harris for unpaid rent. Finds the trial court committed clear error by improperly shifting the burden of proof. Also finds the trial court violated Harris’ due process right to an impartial decision-maker.

COA: Judge belittled, disparaged tenant in $38 rent spat

A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.

Despite concerns, appeals court upholds finding claims against stepbrother barred

Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.

COA rejects commercial court challenge, rules against worker

While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.

COA: Man cannot challenge ‘sexually violent predator’ designation

A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.