Lawyer who sexted client draws 30-day suspension
| IL Staff
An Indianapolis attorney will serve a 30-day suspension for sending sexually explicit text messages to a client, the Indiana Supreme Court ordered.
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Kids’ Voice formalizes $5.4 million CASA/GAL contract with Indianapolis
Kids’ Voice of Indiana has signed a contract with the city of Indianapolis to provide guardian ad litem and court appointed special advocate services to Marion Superior Courts through the end of 2023, with the nonprofit set to receive $5.4 million for the remainder of 2021.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
Opinions May 3, 2021
Indiana Court of Appeals
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
20A-CC-1643
Civil collection. Reverses the entry of partial summary judgment in favor of United States Steel Corp. on Service Steel Warehouse Co.’s mechanic’s lien foreclosure claim. Finds Indiana’s mechanic’s lien statute does not require on-site labor for subcontractor status, and the essential feature making one a subcontractor, rather than a material supplier, is the performance of a definite and substantial portion of the project’s prime contract. Also finds Service Steel’s mechanic’s lien is not barred by the supplier-to-supplier prohibition. Finally, finds the Lake Superior Court erred in granting summary judgment on favor of U.S. Steel. Remands for further proceedings.
Reversal erases partial judgment for U.S. Steel in mechanic’s lien dispute
A trial court erred in partially ruling for U.S. Steel in a dispute among material suppliers and contractors who built a now-defunct Gary industrial facility, the Indiana Court of Appeals held Monday.
Evansville lawyer on probation after OWI plea
| IL Staff
A longtime Evansville lawyer is on probation following his guilty plea several months ago to a charge of operating a vehicle while intoxicated.
Angola lawyer reprimanded for not telling opposing counsel about deposition
An Angola lawyer who failed to inform a litigant’s lawyers that the litigant was asked to sit for a deposition has been publicly reprimanded by the Indiana Supreme Court.
Supreme Court won’t take Maryland bump stock ban case
The Supreme Court of the United States is declining to take up a challenge to Maryland’s ban on bump stocks and other devices that make guns fire faster.
Supreme Court certifies 3 senior judges
| IL Staff
Three northern Indiana trial court judges have been approved for senior judge certification.
Indiana woman pleads guilty to charge in staged kidnapping
An Indiana woman has pleaded guilty to staging her own kidnapping. The Evansville Courier & Press reported that a Gibson County judge ordered 24-year-old Hannah Potts to complete 120 hours of community service after she pleaded guilty to false informing.
$6 million project planned at President Harrison home
| Associated Press and IL Staff
A $6 million upgrade is starting at the Benjamin Harrison Presidential Site in Indianapolis that leaders say is aimed at increasing its visibility and connections with the surrounding neighborhood.
State police probe fatal shooting by Porter County police
Indiana State Police were investigating Sunday after Porter County sheriff’s officers fatally shot a 30-year-old man at a South Haven home.
AP-NORC poll: Government should help Americans age at home
Most Americans agree that government should help people fulfill a widely held aspiration to age in their own homes, not institutional settings, a new poll finds.
AG Rokita files motion to strike governor’s lawsuit
Indiana Attorney General Todd Rokita filed a motion to strike Friday to have the Marion Superior Court toss the governor’s lawsuit over executive powers, arguing in part, “the Governor cannot merely sue the legislature over laws he does not like.”
Opinions April 30, 2021
7th Circuit Court of Appeals
USA v. David Gibson and Jerry Harris
20-1236 & 20-2234
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms the Northern District Court’s denial of Jerry Harris and David Gibson’s motion to suppress evidence collected from cellphone tracking that revealed a heroin drug-trafficking scheme, as well as their respective sentences for conviction of conspiring to distribute one kilogram or more of heroin.
7th Circuit: Convicted heroin conspiracy leaders lose suppressed evidence argument
Two men at the top of a heroin drug conspiracy were unable to sway the 7th Circuit Court of Appeals in a Friday decision to reconsider granting their motion to suppress evidence.
Lake Co. must pay probation officers’ legal expenses, COA rules
Lake County must foot the bill for legal expenses incurred by two probation officers in a federal lawsuit brought by a probationer, the Indiana Court of Appeals has ruled.
Appellate court affirms denial of defendant’s motion for release pending resolution
A defendant whose motion for a continuance delayed his trial for nearly a year was not entitled to release from jail under Criminal Rule 4(A), the Indiana Court of Appeals ruled Friday.
Six-day delay in initial appearance was improper, but prejudice not shown, COA rules
Although a trial court should not have allowed a six-day delay in a defendant’s initial appearance, the Indiana Court of Appeals upheld the denial of the defendant’s motion to reduce bail because he did not establish prejudice. A concurring judge, however, cautioned that restraint should be used when “extending” Supreme Court precedent.
COA upholds felony domestic battery conviction for man who made wife ‘see stars’
A man convicted of felony domestic battery against his wife failed to convince the Indiana Court of Appeals that his wife did not suffer “moderate bodily injury” raising his crime to a felony level.