Employee defection sparks battle between brokerages
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.
Courts
Articles
Judges disagree whether mother’s relocation is in good faith
A panel on the Indiana Court of Appeals Thursday couldn’t agree whether a northern Indiana mother’s decision to relocate with her two children was made in good faith. The majority upheld her request to relocate.
Court reverses woman’s driving while suspended conviction
Because a woman’s conviction for driving while suspended was based in part on trial court speculation that she had driven farther than was necessary to put herself out of harm’s way, the Indiana Court of Appeals reversed the conviction.
Judges find court should have granted expungement
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
Justices leave man’s life sentence intact
The Indiana Supreme Court Wednesday upheld a Lake County man’s sentence of life in prison without parole for the murder of a co-worker during a robbery. Ronnie Jamel Rice claimed the trial court improperly relied on non-statutory aggravators when imposing his sentence.
Justices: parole conditions unenforceable, SOMM constitutional
The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.
COA judge among delegation observing Guantanamo Bay hearings
Indiana Court of Appeals Judge Patricia Riley is joining four other representatives from Indiana University Robert H. McKinney School of Law in observing hearings happening at Guantanamo Bay.
Judges order court to take second look at restitution attorney must pay
A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.
Justices take 5 cases, deny IBM appeals
The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.
Attorneys now can hyperlink in e-filing in Southern District
Reference materials in the U.S. District Court for the Southern District of Indiana are now just a click away. Attorneys may now use active hyperlinks within e-filed documents.
COA: Judge abused discretion by revoking probation
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
7th Circuit: Protective sweep by SWAT team reasonable
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
Disciplinary Commission seeks to suspend Kokomo attorney’s license
The Indiana Supreme Court Disciplinary Commission is investigating the Kokomo attorney who abandoned his law practice last year and left the country.
Attorney reprimand based on association with ‘Law Tigers’
The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.
Court splits over release of college transcript
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
Senators seek candidate to fill Judge Barker’s vacancy
Indiana Sens. Joe Donnelly and Dan Coats have begun the process for selecting a candidate to fill the vacancy coming to the U.S. District Court for the Southern District of Indiana.
Body shops sue insurers, allege push to drive down prices
In a federal lawsuit, 14 Indiana shops accuse State Farm Insurance and competitors of extracting “unreasonable and onerous” concessions on vehicle repair costs.
Northern District seeks magistrate for Fort Wayne division
The U.S. District Court in the Northern District of Indiana is now accepting applications for a full-time magistrate judge in the Fort Wayne division. The Judicial Conference of the United States has authorized the appointment.
Bankruptcy court addresses e-filing, weather issues
The United States Bankruptcy Court in the Southern District of Indiana has posted notice on its website as to how it will handle situations when the electronic case filing system is unavailable or weather creates access issues for customers.
Man knowingly waived right to jury trial on all charges
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.