Supreme Court disbars attorney for committing a dozen conduct violations
A Rockville attorney accused of a dozen professional conduct violations for mismanaging his trust account and disobeying a court order has been disbarred.
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Articles
High court allows man’s complaint against stepmother to continue
A Delaware County man’s complaint alleging his stepmother violated her duties as trustee of his deceased father’s trust will continue after the Indiana Supreme Court upheld a finding that the trial court has jurisdiction to hear the case.
State can pursue dozens of charges against man accused of fraud, court affirms
More than 30 fraud-related charges will continue against a man accused of running a yearslong investment fraud scheme after the Indiana Court of Appeals determined the state pleaded sufficient facts to prove the man concealed evidence of his actions, thus tolling the statute of limitations.
COA finds probation condition vague, divided over fundamental error in jury instruction
The Indiana Court of Appeals agreed Wednesday that a condition of a woman’s probation after attacking her neighbor needed further clarification, but the judges disagreed as to whether her felony battery with a deadly weapon conviction should be reversed.
COA: Accused murderer entitled to bifurcated trial
A man accused of murdering a Mitchell woman is entitled to a bifurcated trial — a first phase on the murder-related charges before a second phase in which the state may introduce evidence of a prior conviction to satisfy a charge of possession of a firearm by a serious violent felon.
COA: adoption consent not required from father convicted of Class C felony
In affirming the adoption of a child without the father’s consent, the Indiana Court of Appeals found the “plain and ordinary meaning” of the state statute allowed the trial court to take into account the parent’s prior criminal acts.
Split 7th Circuit affirms convictions in $450,000 fraudulent investment scheme
A divided 7th Circuit Court of Appeals has affirmed 20 fraud-related convictions against a man accused of running a fraudulent investment scheme that resulted in a nearly $300,000 in restitution, finding that though the district court did err during trial, those errors did not warrant a new trial.
COA upholds termination of officer who slapped detainee
A former Starke County sheriff’s deputy will not get his job with the Sheriff’s Department back after the Indiana Court of Appeals ruled Tuesday the sheriff’s merit board considered sufficient evidence under the proper standard to support the deputy’s termination.
Sentence, probation conditions confirmed for man convicted of incest
The Indiana Court of Appeals has affirmed the three-year advisory sentence imposed on a man convicted of committing incest with his teenage niece and the imposition of sex offender probation conditions against the man, though one appellate judge found one of those conditions to be unduly intrusive.
Justices: Caseload limit statute doesn’t warrant mandate for compliance
The Indiana Supreme Court has declined to issue a judicial mandate that would require the Department of Child Services to comply with statutory caseload limits, finding the statute in question does not provide specific compliance guidelines that would warrant issuing a mandate.
7th Circuit rules on long-running dispute between Volvo, Andy Mohr
The 7th Circuit Court of Appeals has reversed the denial of judgment as a matter of law to Volvo Trucks North America in a dispute with an Indiana franchisee Andy Mohr Truck Center, finding Andy Mohr failed to prove Volvo treated it disparately and unfairly compared with other franchisees. However, the court affirmed judgments in favor of both parties on other claims raised in the 5-year-old complaint.
Appellate court orders IURC to consider reasonableness of Avon ordinance
The Indiana Utility Regulatory Commission must consider the reasonableness of an Avon ordinance seeking to force a utility company to pay for the cost of moving power lines for a road construction project after the Court of Appeals ruled the commission erred in dismissing a complaint challenging the ordinance.
Divided 7th Circuit allows Indy attorney to represent plaintiff in claim against former client
An Indianapolis attorney who previously represented one of the nations’ largest consumer reporting agencies may now proceed as counsel on behalf of a plaintiff suing the same agency after a divided panel of the 7th Circuit Court of Appeals determined Indiana Rules of Professional Conduct do not require his disqualification.
HHS to reconsider reimbursement of loan to Randolph Co. hospital
The U.S. Department of Health and Human Services must revisit the issue of reimbursement of a refinanced loan made to a Randolph County hospital after the 7th Circuit Court of Appeals determined the federal agency failed to adequately explain why it rejected reimbursement that loan.
COA: Federal, state meth prosecutions not double jeopardy
A woman convicted and sentenced in federal court on a charge of conspiring to distribute meth lost her appeal seeking to dismiss state court charges, both of which referenced the same police raid of the hotel where she lived and where the drugs were found.
7th Circuit affirms conviction for spoofing spree
Experts are divided over the scope and harm caused by an “unscrupulous” trader’s millisecond manipulations of the commodities market.
7th Circuit reverses judgment for deaf litigant, tosses suit
A federal court ruling in favor of a deaf litigant who was denied a court-provided sign language interpreter for mediation in his child custody case was reversed on appeal Friday.
7th Circuit affirms convictions in heroin conspiracy
A couple convicted in a heroin conspiracy will not have their convictions overturned after the 7th Circuit Court of Appeals determined the district court did not err in its rulings on the composition of the jury, jury instructions or sentencing decisions.
Farm that tried to ‘stiff creditors’ loses appeal
The 7th Circuit Court of Appeals has ruled in favor of a Louisville-based creditor suing a Scottsburg farm seeking to collect on a debt, finding the farm failed to raise the appropriate defense in the district court.
COA: 4-year delay in trial did not violate speedy trial rights
The Indiana Court of Appeals has affirmed an Anderson man’s arson conviction after finding his actions contributed to a four-year delay in his trial, so his right to a speedy trial was not violated.