Disciplinary Actions – 3/12/14
Read who’s been suspended recently by the Indiana Supreme Court.
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Articles
Fort Wayne case may force SCOTUS to define who qualifies as a minister
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
When non-competes don’t fly
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
Copyright infringement spurs knife fight in Warrick County
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
Judge Tinder’s retirement plans leaked
7th Circuit Court of Appeals Judge John Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.
ADA violations in bar admission catch attention of Indiana BLE
The U.S. Department of Justice has found Louisiana discriminated against bar applicants with mental health problems.
Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’
In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”
Information used to obtain search warrant splits Court of Appeals
Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.
Appeals court: Requests for modification don’t nullify foreclosure
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
Divided Supreme Court reinstates parental termination order
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
Central American judge visits Indianapolis to learn about Indiana judicial system
A member of Guatemala’s judiciary is making a two-day visit to Indianapolis to learn and exchange ideas with judges, attorneys and other dignitaries.
Federal suit filed against Indiana marriage statute
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
Institute analyzing proposed sites for Marion County criminal justice complex
The Indiana University Public Policy Institute is analyzing proposed sites for a Marion County Criminal Justice Complex and may reveal its findings by the end of next week.
Highway supervisor’s termination not subject to judicial review
Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.
Judges order more proceedings in property distribution after divorce
Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.
COA: Buyer complied with notice statutes for obtaining tax deed
Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.
Judges order woman resentenced for health care fraud
The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.
ATF agent’s testimony supports gun conviction
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.
Judge Kimberly Brown removed from bench by justices
The Indiana Supreme Court removed Marion Superior Judge Kimberly Brown from the bench Tuesday after finding she “engaged in significant judicial misconduct.” The judge had been on paid suspension since Jan. 9 pending final discipline.