Disciplinary Actions — 3/21/2018
The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct.
Courts
Articles
Supreme Court case puts public employee union dues on trial
An upcoming U.S. Supreme Court decision in a case considering the balance between the First Amendment and public employees’ rights has union advocates concerned that longstanding union practices could soon be set aside.
School threats can lead to severe consequences for juveniles’ impulses
A sampling of recent incidents includes a 12-year-old boy arrested for writing a threat against his classmates at Greenfield Intermediate School; a teenage girl at Austin High School arrested and charged with juvenile delinquency/intimidation for making threats to “harm others”; and a 17-year-old boy arrested and charged with felony intimidation for writing a threat on a bathroom stall at F.J. Reitz High School in Evansville.
Judge denies attorney’s motion to exclude in copyright infringement case
A retired Indiana attorney has lost his motion to exclude a defendant’s expert testimony in his copyright infringement case, with the U.S. District Court for the Southern District of Indiana finding the plaintiff was not prejudice by the defendant’s failure to file an expert report.
Appellate court upholds conviction in killing of man’s girlfriend, unborn baby
The Indiana Court of Appeals has upheld a murder conviction against a man who killed his girlfriend and unborn child, finding the warrantless search of his girlfriend’s apartment did not violate his state or federal constitutional rights.
COA upholds murder, neglect convictions in 3-year-old’s death
A woman convicted of neglecting and murdering her boyfriend’s 3-year-old son has lost her appeal before the Indiana Court of Appeals, which found sufficient evidence to support her conviction for the “horrific” crime.
District court denies Fogle’s motion for judicial notice of FBI letters, laws on communism
Disgraced Subway pitchman Jared Fogle has once again been denied relief from his 15-year prison sentence after a district court judge denied his motion to take judicial notice of certain facts, including correspondence from a former FBI director and congressional laws regarding communism.
Donations to man who tried to attack Nassar go to 4 groups
A Michigan man who tried to attack disgraced former sports doctor Larry Nassar in a courtroom is sending thousands of dollars donated to him to charities that help survivors of sexual assault.
Ten counties allocated additional senior judge service days
Ten Indiana judges have been allocated additional senior judge service days for 2018, with two judges receiving nearly 50 additional days.
Former exec sues Mainstreet, says developer failed to pay him $630K
A former executive at a Carmel-based development firm Mainstreet is suing the company, claiming it terminated him without cause in November to save money as it was going through a financial downturn.
Appeals court puts convicted killer’s release on hold
The Indiana Court of Appeals has temporarily blocked a man’s release from prison in a brutal 1991 slaying.
Judge rules disbursement of civil forfeiture proceeds constitutional
Indiana’s process of diverting a portion of civil forfeiture proceeds to law enforcement and away from the Common School Fund is constitutional, a trial court judge ruled Friday.
Missouri defends 241-year prison sentence for 16-year-old
Missouri is defending a prison sentence for a man who committed robbery and other crimes on a single day when he was 16 and now isn’t eligible for parole until he’s 112 years old.
Supreme Court makes attorney home, email addresses confidential
Amendments to two Indiana Supreme Court rules are restricting public access to attorneys’ personal contact information.
Indy attorney suspended after second OWI conviction
An Indianapolis attorney convicted of operating while intoxicated has been suspended from the practice of law in Indiana for six months without automatic reinstatement.
COA upholds denial of race-based Batson challenge
A Madison County man who alleged the state challenged a potential juror for race-based reasons has lost his appeal, with the Indiana Court of Appeals finding the record of the robbery trial does not support the argument that the juror was released because he was black.
Elkhart man sentenced to 64 years in slaying; body found in sewer
A northern Indiana man convicted of killing his estranged wife’s boyfriend in 2016 and hiding the body in a sewer has been sentenced to 64 years in prison.
COA upholds summary judgment in dispute over trust
The only surviving son of a Huntington County woman is not entitled to his mother’s house because she did not properly amend her trust to gift it to him, the Indiana Court of Appeals ruled Thursday.
Judges appointed in Allen and Lawrence counties
Two court officials have been appointed by Gov. Eric Holcomb to fill judicial vacancies in Allen and Lawrence counties.
Rear-ended driver loses appeal vs. driver who suddenly stopped
A driver whose vehicle was rear-ended after the driver in front of him suddenly stopped cannot sue the driver who stopped due to a release he signed with the motorist whose car collided with his.