Disciplinary Actions – 12/12/18
Read who was suspended from the practice of law during the most recent reporting period.
Indiana Supreme Court
Articles
Rent-to-own lawsuits rise in federal, state courts
Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
Indiana Bar Exam faces its own test
As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.
Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition
Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.
Brown County attorney resigns over disciplinary action
The Indiana Supreme Court on Thursday ordered a public reprimand of an Evansville attorney and accepted the resignation of a Brown County attorney who was facing multiple professional misconduct and trust account violations.
Justices consider taking case involving death of baby
The Indiana Supreme Court heard argument Thursday morning in a case involving the death of a baby, hearing testimony as to whether the baby’s father claimed the child died accidentally.
Chatham Arch residential project set to move forward after legal battle
A legal challenge to a proposed mixed-use development in downtown Indianapolis’ Chatham Arch neighborhood will not be heard by the state’s highest court, paving the way for project to finally get under way after two years of delays.
Majority justices: RV dealer must pay taxes in ‘sham’ transactions
A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.
Justices answer venue question in lifetime license forfeiture relief case
Indiana Supreme Court justices on Wednesday ruled that trial courts have jurisdiction to grant specialized driving privileges as relief from driver’s license suspensions imposed in other counties.
Murder convictions affirmed, remanded for sentencing statement
Indiana Supreme Court justices affirmed a man’s two murder convictions, finding his Miranda rights were not violated and that his sentence was appropriate. However, the high court remanded for a more specific sentencing statement as required.
Appeals court remands Hamilton Southeastern rate case to IURC
A Hamilton County sewer utility rate increase case that went all the way to the Indiana Supreme Court is going back to the state agency where it originated after an Indiana Court of Appeals ruling Wednesday.
Appellate courts seek extra $1M for legal aid, technology
Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.
Indiana Supreme Court calls for review of bar exam
Amid slumping passage rates, the Indiana Supreme Court has created a special commission to review the state’s bar exam and make recommendations for changes in format or content, including whether to modify what is considered a passing score.
Divided justices uphold guilty but mentally ill verdict in Southport pastor’s murder
A bench verdict of guilty but mentally ill against a woman twice convicted — and twice cleared by reason of insanity – in the 2012 shooting of a Southport pastor will stand after a majority of the Indiana Supreme Court found sufficient demeanor evidence to reject the woman’s insanity defense. But the two-justice dissent pointed to testimony from three experts to support their opinion that Lori Barcroft was unable to appreciate the wrongfulness of her conduct at the time of Jaman Iseminger’s murder.
Judgment affirmed for Ellettsville land owner in easement suit
The Indiana Supreme Court affirmed a trial court’s entry of summary judgment for a landowner against the owner of the property’s adjacent lot when it found that Indiana’s common-law rule prohibited the unilateral relocation of fixed easements.
Suspended lawyer accused of forgery disciplined again
The Indiana Supreme Court on Wednesday again suspended from the practice of law a northern Indiana lawyer who is charged with felony forgery and was found to be noncooperative with another Disciplinary Commission investigation of a grievance against her.
Valpo lawyer suspended 1 day after conviction
The Indiana Supreme Court on Wednesday suspended a Valparaiso attorney who faced multiple criminal charges of violating protective orders and was convicted of one count in a bench trial a day earlier.
Applications available for law school assistance program
The Indiana Conference for Legal Education Opportunity program, an initiative designed to help underrepresented students pursue a law degree, is currently taking applications. Indiana residents or graduates of an Indiana college or high school may apply by March 1, 2019.
Indiana $40K Land Rover seizure case goes to SCOTUS
WASHINGTON — The grandeur and history of the United States Supreme Court stood in stark contrast to the small-town Indiana roots of a potentially landmark civil forfeiture case federal justices heard Wednesday.
Justices deny transfer in 29 cases, split over 3
The Indiana Supreme Court denied transfer in 29 cases it reviewed last week, but split on whether to hear three of those cases.