Disciplinary Actions – 4/9/14
Read who’s been disciplined and who received a favorable judgment from the Indiana Supreme Court.
Courts
Articles
Attorney sues hundreds over use of city skyline picture
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
Former IURC chair’s appeal raises questions on official misconduct law
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
Senior status not likely to slow Judge Barker
Attorneys and judges alike say whenever Judge Sarah Evans Barker is on the bench, there is no question who is in charge in that courtroom. This is a judge they universally describe as well-prepared, well-organized and authoritative, but not averse to occasionally introducing a little humor in the proceedings.
New portable alcohol monitoring device gains favor in community corrections
Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.
Bipolar defense fails in wire fraud, tax evasion appeal
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
FSSA able to terminate 9-year Medicaid provider contract without cause
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
Judgment for investment advisor upheld as breach, wage claim
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
Man who sped through construction zone loses appeal
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
Workshop designed to help educators teach students about the courts
Teachers from across the state will be getting an up-close view of the judicial system through a one-day workshop hosted by the Indiana Supreme Court and the Indiana Bar Foundation.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
Hearing on motion for TRO on marriage statute Thursday
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
Divided high court affirms DNA unnecessary to establish paternity
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
7th Circuit affirms 5-year sentence in arson-for-hire
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
Justices uphold ruling for insurer in negligence claim
Homeowners’ claims after a fire that their insurer was negligent because a policy didn’t fully cover replacement costs was time-barred because the policy limits were discoverable at the time the policy was issued, the Indiana Supreme Court ruled Thursday.
State seeks further discipline against suspended lawyer Paul Page
The Indiana Supreme Court Disciplinary Commission has filed a complaint against suspended Indianapolis attorney and developer Paul Page that could result in further sanctions against his law license.
Former JA boss loses defamation appeal naming FedEx, 500 Festival
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
Same-sex couple’s bid for recognition expedited due to grave illness
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
Court upholds Plymouth pay policy challenged by reservist
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
Justices strike down partial consecutive sentences
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.