Disciplinary Actions – 1/15/14
Read who’s been suspended and reinstated to the practice of law.
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Articles
Suspension may herald end of Kimberly Brown’s judicial career
Before suspended Marion Superior Judge Kimberly Brown was facing possible removal from the bench for dozens of disciplinary counts, she had difficulties in her prior court, according to recent filings arguing for the ultimate sanction against a judge.
Does marriage amendment need to be amended?
The Indiana Legislature offers companion bill to explain the intent of the constitutional provision banning marriage between same-sex couples.
Preserving the past
County clerks, archivists and court administration work to keep historical records accessible.
Some attorneys aren’t sold on the proposed Marion County Criminal Justice Complex
Redundancies and inefficiencies, plus concerns for security at the jail and at the Indianapolis City-County Building – where defendants with court dates come into regular contact with the public – prompted city and county officials last month to announce a Criminal Justice Complex proposal that would bring courts, jails and other related functions under one very large roof.
Opinions Jan. 13, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Jan. 13, 2014
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
House committee ends hearing without vote on marriage amendment
After more than three hours of testimony, the House of Representatives Judiciary Committee recessed Monday without taking a vote on the constitutional marriage amendment and accompanying bill.
Justices to review teacher’s explicit messages to student
A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.
Bankruptcy Court seeks comment on local rule changes
The public has until Jan. 31 to comment on proposed amendments to local rules in the U.S. Bankruptcy Court in the Southern District of Indiana. Local Rules that have been amended include B-1007-2, Noticing, Balloting and Claims Agents and B-9010-1, Appearances.
Judge firearm, ‘ag-gag’ bills to get hearings Tuesday
Legislation that would increase the penalties for battery on a judicial officer and provide judges the same immunity as law enforcement officers for possession and use of a firearm will be heard by an Indiana Senate Committee on Tuesday.
Opinions Jan. 10, 2014 ILD
Indiana Court of Appeals
Luis Antonio Palacio v. Raquel Villavicencio (NFP)
49A02-1305-DR-397
Domestic relation. Affirms denial of father’s request to modify child support.
In the Matter of the Termination of Parent-Child Relationship of D.C. & A.R. (Minor Children), and T.R. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-291
Juvenile. Affirms termination of parental rights.
In Re the Marriage of James Barnum Gregory v. Ellen Davies Gregory (NFP)
49A05-1305-DR-205
Domestic relation. Affirms in part, reverses in part and remands for recalculation of husband’s child support and educational support obligations.
Patrick Palmer v. State of Indiana (NFP)
03A04-1306-CR-271
Criminal. Affirms 25-year aggregate sentence for convictions of Class C felony battery resulting in serious bodily injury, Class D felony attempted obstruction of justice, Class A misdemeanors invasion of privacy and battery, and a habitual offender enhancement.
James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-213
Criminal. Affirms 20-year sentence with two years suspended for conviction of Class B felony possession of methamphetamine.
Joshua Batchelor v. State of Indiana (NFP)
15A01-1306-CR-259
Criminal. Affirms revocation of probation.
In Re the Termination of Parent-Child Relationship of B.W., A.W., W.S., & U.S., B.W., and J.S. v. Indiana Department of Child Services (NFP)
33A01-1306-JT-270
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions Jan. 10, 2014
7th Circuit Court of Appeals
Julio Cesar Chavarria v. United States of America
11-3549
Criminal. Affirms District Court order dismissing Chavarria’s claim of ineffective assistance of counsel that led to his deportation after conviction of cocaine distribution charges. The panel found the distinction between affirmative misadvice and failure to advise does not evade the non-retroactive ruling of Padilla v. Kentucky, 559 U.S. 356 (2010).
Longtime Lake Superior judge dies at 78
Lake Superior Judge Gerald N. Svetanoff, 78, died Wednesday. Svetanoff was the longest-serving Lake Superior judge at the time of his death.
7th Circuit: Ineffective assistance claim can’t challenge deportation
A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.
Henderson, Shepard among most influential in legal education
National Jurist magazine has named two Indiana University faculty members to its list of the 25 most influential people in legal education.
Supreme Court suspends Judge Kimberly Brown pending final discipline
The Indiana Supreme Court has suspended Judge Kimberly Brown as justices consider a recommendation that she be removed from the bench for multiple violations of the Code of Judicial Conduct.
Opinions Jan. 9, 2014 ILD
Indiana Court of Appeals
Steven S. Satterly v. State of Indiana (NFP)
27A02-1305-CR-407
Criminal. Affirms order Satterly serve portions of his suspended sentences in two causes.
Anthony A. Outlaw, Jr. v. State of Indiana (NFP)
02A04-1305-CR-250
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Anita Lopez v. State of Indiana (NFP)
20A03-1301-CR-10
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Jayson Chad-Allen George v. State of Indiana (NFP)
03A01-1304-CR-149
Criminal. Affirms convictions and 10-year sentence for Class C felony criminal confinement and Class D felony strangulation.
Timothy L. Sanders, Jr. v. State of Indiana (NFP)
84A05-1304-CR-208
Criminal. Affirms 30-year sentence for Class A felony child molesting.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Jan. 9, 2014
Indiana Court of Appeals
Wolf's Marine, Inc. v. Dev Brar
29A02-1303-SC-293
Small claim. Reverses denial of Wolf’s Marine’s motion to dismiss a complaint filed by Dr. Dev Brar. The trial court incorrectly determined that personal jurisdiction over Wolf’s existed in Indiana, and it should have granted the company’s motion to dismiss.
College cook not erroneously denied unemployment benefits
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.