Disciplinary Actions
| IL Staff
Find out which Indiana lawyers recently have been placed on probation, suspended and cleared in disciplinary cases.
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Love of litigation: Slaughter recalls how writing led him to the bench
Justice Geoffrey Slaughter thought he’d be a transactional lawyer. But then he discovered litigation. The justice recently sat down with Indiana Lawyer to discuss his time on the bench, the latest installment in IL’s Meet the Justices series.
Web Exclusive: Inmates pursue legislative opportunities through public policy course
When a college program was crafted for the Indiana Women’s Prison in 2012, director Kelsey Kauffman knew she wanted to teach women about public policy. But the experience also became a life lesson that gave some of the women a new mission after their lives behind bars.
7th Circuit says lawyer intentionally altered photos, threatens sanction
An order to show cause has been entered against a Crawfordsville attorney whom the 7th Circuit Court of Appeals says intentionally altered photographs entered into the record in a slip-and-fall case. The appellate court also raised the possibility of sending the matter to the Indiana Supreme Court Disciplinary Commission.
Hamilton County judge rules for 4 Indiana cities in RFRA lawsuit
Four Indiana cities sued for enacting anti-discrimination ordinances that opponents alleged violated religious rights laws have won summary judgment in a lawsuit challenging Indiana’s controversial Religious Freedom Restoration Act.
Opinions Nov. 26, 2019
Indiana Tax Court
Southlake Indiana LLC v. Lake County Assessor
18T-TA-16
Tax. Reverses the Indiana Board of Tax Review’s final determination that valued Southlake Indiana LLC’s real property for each of the 2007 through 2014 tax years. Finds the board’s reliance on Lake County appraiser Mark Kenney’s market rent estimates is contrary to law, and its repudiation of Southlake appraiser Sara Coers’ percentage-of-gross-sales analysis is unsupported by substantial and reliable evidence. Remands to the board with instructions to assign the subject property a market value-in-use under the income approach that calculates the property’s net operating income each year at issue by replacing Kenney’s market rents with the market rents derived by Coers through her reconciliation of her market extraction and gross-percentage-of-sales estimations, and that applies Coers’ capitalization rates for 2010-2012 but Kenney’s capitalization rates for 2007-2009 and 2013-2014.
Defense attorneys feud over who represents death penalty defendant in officer’s shooting
Defense attorneys representing Jason Brown, an Indianapolis man facing the death penalty for allegedly killing a police officer, are feuding with his appointed counsel, raising the question again of when a defendant’s right to counsel ends.
Delinquent adjudication affirmed in child molestation case
The Indiana Court of Appeals has affirmed a juvenile’s adjudication as a delinquent for felony child molestation despite the juvenile’s claim that evidence of his crime was not sufficiently established.
Demolition order affirmed in hazardous building case
An unsafe building in a northern Indiana lake town will be demolished after the Indiana Court of Appeals affirmed a demolition order for the vacant structure.
Father who says he didn’t know about adoption loses appeal
A father who claimed to have no notice of the adoption of his child has lost his appeal of a denied motion for relief.
Tax Court reverses valuations of Merrillville Kohl’s property
Valuations of a Merrillville Kohl’s store have been reversed after the Indiana Tax Court found error in a state board’s analysis.
Appeals court rules against father in DCS dispute
A father fighting child welfare investigations that resulted in his son’s removal from his custody has lost his appeals of multiple motions granted by the trial court that damaged his case.
Holcomb administration accused of waiving fine in Amazon worker’s death while pursuing HQ2
An investigation into Amazon employee injuries by a national not-for-profit journalism organization accuses Indiana Gov. Eric Holcomb’s administration of absolving the online retail giant of any accountability in an Indiana worker’s death at the same time the state was bidding for the company’s coveted HQ2 project.
Ex-White House lawyer McGahn ordered to comply with subpoena
A federal judge has ordered former White House counsel Donald McGahn to appear before Congress in a setback to President Donald Trump’s effort to keep his top aides from testifying.
Supreme Court shields Trump’s financial records for now
The Supreme Court is shielding President Donald Trump’s financial records from House Democrats for now. The delay announced late Monday allows the justices to decide how to handle the House subpoena and a similar demand from the Manhattan district attorney at the same time.
Indiana man gets 87 years in fatal shooting of Fort Wayne barber
A Fort Wayne man convicted of fatally shooting a barber he had argued with during a haircut has been sentenced to more than 87 years in prison. An Allen County judge sentenced 34-year-old James L. Dodson Jr. on Monday to the maximum term of 87 ½ years allowed under his murder and criminal recklessness convictions.
7th Circuit remands to fix sentencing inconsistency in armed robbery conviction
The 7th Circuit Court of Appeals has remanded to the U.S. District Court for Southern District of Indiana a case that convicted an Indianapolis man for his involvement in a string of armed pharmacy robberies. The appellate court concluded a correction was required because both the written and oral sentences imposed terms of supervised release inconsistently.
Opinions Nov. 25, 2019
7th Circuit Court of Appeals
United States of America v. Dexter Fisher
18-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Dexter Fisher’s convictions for brandishing a firearm, the forfeiture of his firearm and his 57-year sentence. Finds no reasonable juror could have failed to find a sufficient nexus between the pistol and Fisher’s conviction for possessing a firearm as a felon, so the district court’s failure to inquire whether he would like to waive his right to a jury trial on the issue of forfeiture did not affect his substantial rights. Also finds Fisher did not object to a supervised release condition prohibiting him from purchasing, possessing, distributing, administering or using psychoactive substances, but his written and oral sentences impose terms of supervised release inconsistently, on different counts. Finally, finds Fisher’s convictions of brandishing a firearm qualify as crimes of violence. Remands with specific instructions for the district court to enter a corrected judgment that mirrors the oral sentence regarding the counts to which a term of supervised release attaches.
Ice Miller strategy manager appointed to JNC
| IL Staff
Ice Miller agribusiness strategy manager Katie Glick, Columbus, has been appointed as the newest member of the Indiana Judicial Nominating Commission.
Reversal: COA reinstates default judgment against nursing facilities
The Indiana Court of Appeals has reinstated default judgement against three nursing facilities after concluding the defendants couldn’t explain why their response was so late and that the underlying complaint was not “insufficient.”