Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.
A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.
The rare subset of attorney discipline cases brought by the Indiana Supreme Court Disciplinary Commission are the result of criminal charges against lawyers that could result in jail time. In that regard, the Hoosier State had plenty, even as total attorney discipline orders declined in 2018.
Read who has resigned and who has been reprimanded during the most recent reporting period.
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.
Read Indiana appellate court decisions from the most recent reporting period.
The Indiana Supreme Court Disciplinary Commission addressed such questionable relationships in an advisory opinion that cautions Hoosier attorneys against “license rental” partnerships with out-of-state law firms or non-lawyer service groups. Through these partnerships, Hoosier attorneys lend their services to the out-of-state firm or non-lawyer group in exchange for a fee paid for limited client representation in Indiana.
The Indiana Supreme Court is seeking comment on proposed changes to trial rules that govern what happens if a trial judge fails to timely rule on a motion and that would remove Supreme Court involvement in the appointment of a special judge. The court’s Committee on Rules of Practice and Procedure is considering amendments to Indiana Trial Rules 53.1 and 53.2.
Indiana lawyers who are members of Congress, senators or vice president no longer have to worry about meeting continuing legal education requirements under a rule adopted this week by the Indiana Supreme Court. The new rule also decreases CLE credits required for state lawmakers who are attorneys.
The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.
Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.
The Indiana Supreme Court has certified or re-certified 50 judicial officers as senior judges for the coming year.
A northern Indiana lawyer could be sentenced to nearly two years in jail after she pleaded guilty Tuesday to forging a judge’s name on a phony divorce decree and sending a bogus email bearing a deputy prosecutor’s name. Jill N. Holtzclaw of Decatur pleaded guilty to Level 6 felony counts of forgery and counterfeiting Tuesday in Adams Superior Court.
Scott Circuit Court Judge Jason M. Mount will temporarily step down from his seat on the bench after informing the court he would be unable to perform the duties of his office, a Friday order of the Indiana Supreme Court announced.
A northern Indiana attorney charged with felony forgery of a judge’s signature received her fifth suspension of the year for failure to cooperate with another Disciplinary Commission investigation of a grievance against her. Four of the suspensions remain active.
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.