Indiana boy, 15, to be tried as adult in 2 siblings’ deaths
An Indiana boy who was 13 when he allegedly killed his two young siblings will be tried as an adult in their suffocation deaths.
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DCS seeks to keep records sealed in class-action care suit
| Associated Press and IL Staff
Lawyers for Indiana’s Department of Child Services are pushing to seal records in a federal class action lawsuit accusing the child welfare agency of inadequately protecting thousands of children in its care.
Opinions Sept. 10, 2019
Indiana Supreme Court
In the Matter of Brent Welke
49S00-1707-DI-472
Discipline. Suspends attorney Brent Welke from the practice of law in Indiana for three years without automatic reinstatement. Finds Welke committed attorney misconduct by incompetently representing a client, improperly using a nonlawyer assistant and knowingly making false statements of material fact to the Indiana Supreme Court Disciplinary Commission. Justice Steven David dissents regarding the sanction without separate opinion, believing disbarment is warranted.
Lawyer suspended for hiring killer in ‘woefully inadequate’ defense
An Indianapolis attorney who hired a convicted killer to persuade a defendant accused of murder to ditch a public defender and retain him has been suspended for three years for incompetent client representation and lying to the disciplinary commission. A dissenting justice, however, would have disbarred the attorney.
Molester’s 500-plus-year sentence largely upheld
A Rushville man’s sentence of more than 500 years in prison for sexually assaulting his two daughters over the course of their infancy, childhood and teen years was affirmed in large part Tuesday by the Indiana Court of Appeals.
COA affirms dismissal of legal malpractice claim
A convicted child molester who was previously admonished for attempting to circumvent appellate procedures has again lost a case at the Indiana Court of Appeals, this time for legal malpractice allegations against his trial counsel.
Charter schools, state face off in tuition dispute before appellate panel
A panel of the Indiana Court of Appeals heard arguments Monday between numerous Indiana charter schools and the state regarding several million dollars in unpaid tuition the schools say was not provided to cover costs for students.
Judge tosses shareholder suit in Vectren merger
A federal judge has turned away a shareholder lawsuit over a major Indiana utility’s 2018 merger with a Texas-based public utility holding company, using a back-to-school analogy to reason his dismissal of the litigation.
Google, Big Tech face a new set of foes: Nearly all 50 states
Big tech companies have long rebuffed attempts by the federal government to scrutinize or scale back their market power. Now they face a scrappy new coalition as well: prosecutors from nearly all 50 states, including Indiana.
Cass County Council member picked for Indiana Senate seat
A county council member has been picked as the new state senator for a northern Indiana district, replacing departing Sen. Randy Head.
Woman charged with strangling stepdaughter waives counsel
A Marion woman charged in the strangulation death of her 10-year-old stepdaughter has waived her right to an attorney and says she will represent herself in court.
Attorney General Hill stalls BMV gender change rule
Indiana’s attorney general is stalling a measure that would allow people to change their gender on driver’s licenses and IDs, according to the state’s Bureau of Motor Vehicles.
Opinions Sept. 9, 2019
The following Indiana Supreme Court decision was posted after IL deadline Friday.
Corey R. Faith v. State of Indiana
19S-CR-499
Criminal. Revises the sentencing order from an aggregate 70 years in prison to an executed sentence of 60 years in prison for Corey Faith’s conviction in Harrison Superior Court on three counts of Class A felony child molesting. Finds that under the circumstances of the case, the Court of Appeals’ reduction of Faith’s sentence to 30 years executed was wholly inadequate. Justice Geoffrey Slaughter dissents to the grant of transfer but would affirm the trial court.
Clark Circuit judge wounded in shooting enters guilty plea
One of the two judges injured in a downtown Indianapolis shooting pleaded guilty Monday afternoon to misdemeanor battery stemming from the May 1 incident. He will serve no jail time.
Initial July bar exam results show little change from last year
| IL Staff
Preliminary results released Monday for the July 2019 bar exam indicate the overall pass rate likely will remain between 60 and 65 percent even as the rate for repeat takers could hit a historical low of 20 percent.
Despite state’s ‘negligence or malice,’ court denies ballot-access injunction
An Indianapolis resident who wanted to add his name to the November mayoral ballot cannot do so now that a federal judge has upheld a finding by the Marion County Election Board that the would-be candidate failed to acquire enough legitimate voter signatures. However, the court also raised concerns about language on a candidate form that could make it “more difficult for voters to support independent candidates,” yet found the language was not enough of a burden to overrule the board’s decision.
COA affirms father’s child molestation convictions
Multiple child molestation charges against a father will stand, the Indiana Court of Appeals affirmed Monday, rejecting the man’s arguments that a video-recorded interview of the victim and statements she made to a therapist and nurse should not have been admitted into evidence.
Attorney who exposed himself, allegedly stole client funds, resigns
| IL Staff
An Indianapolis attorney who in the past three years was charged with indecency, public nudity and theft has resigned from the Indiana bar.
Justices split, vacate transfer in class action against car dealership
| IL Staff
A divided Indiana Supreme Court decided not to take an appeal after originally granting transfer to a class action brought by angry customers against a Northern Indiana car dealership.
Anthem attorney gets JLAP probation after OWI crash
An attorney for Indianapolis-based Anthem Inc. received a stayed suspension from the Indiana Supreme Court and will undergo a year of substance abuse monitoring after a drunken-driving conviction arising from a property damage car crash nearly two years ago. Jonathan T. Tempel was suspended for 90 days with automatic reinstatement, stayed subject to completion of one year of monitoring by the Judges and Lawyers Assistance Program.