Failure to report
The arm of the Indiana Supreme Court that enforces rules governing the admission and discipline of lawyers has been in violation of one of those rules for several years.
Dave Stafford
Articles
Marion Superior judge faces 45 judicial misconduct counts
Marion Superior criminal court Judge Kimberly Brown faces possible suspension and discipline from the Judicial Qualifications Commission on 45 counts of misconduct.
Truck owner-operator fee dispute stays in federal court
A lawsuit claiming that hundreds of tractor-trailer owner-operators may be owed damages of more than $5 million will remain in federal court, the 7th Circuit Court of Appeals ruled Friday.
State Fair properly stripped champion sheep title, but penalties merit hearing
The Indiana State Fair Board’s decision to strip a winner of his grand champion sheep prize will stand, but the 4-H’er was entitled to a hearing on penalties, the Indiana Court of Appeals ruled Friday.
7th Circuit reinstates smelly washer class actions
Two class actions claiming Kenmore washing machines sold at Sears stores were defective were reinstated by the 7th Circuit Court of Appeals on Thursday after certification of the suits was vacated in June by the U.S. Supreme Court.
Foreclosure affirmed on transferred mortgage
A couple who stopped making mortgage payments in 2007 and continued to live in their house failed to convince an appeals panel that a trial court erred in determining who holds the note and ruled the mortgage valid despite an allegedly defective acknowledgement.
Dissenting judge argues tenants can’t ask drunk, disorderly man outside door to leave
An argument that tenants of an apartment complex may not ask a drunk and threatening man to leave common areas convinced one judge, but the majority of an appeals panel found otherwise, warning that such a holding would “defy logic and lead to an absurd result.”
Mom loses bid to bar DCS child interviews after clean home check
A mother who challenged a court order granting the Department of Child Services’ petitions to interview her minor children lost her appeal Wednesday, despite her argument that a DCS inspection of her home and her screening found no evidence of drug abuse that had been alleged in a complaint.
Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
Tinted-window stop yielding pot arrest by precedent-setting cop upheld
Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.
Ex-prosecutor candidate’s bar resignation accepted
A southwest Indiana attorney and former Democratic candidate for Gibson County prosecutor has been allowed to resign from the bar, according to an order from the Indiana Supreme Court.
COA affirms probation violation for nonsupport, modifies amount due
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
Justices to hear case in which glove DNA led to conviction
The Indiana Supreme Court will hear a case in which DNA found on a glove was the sole evidence that led to the conviction of a man on a burglary charge in St. Joseph County.
Foreclosure stands against ‘Redemptionist’ claims, appeals panel rules
A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.
ACLU alleges IMPD officers infringed panhandlers’ free-speech rights
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
7th Circuit affirms tax convictions of Fort Wayne entrepreneur
A man whose family spent millions while he pleaded poverty to gain need-based scholarships for his children and failed to report foreign bank accounts lost the federal appeal of his conviction on multiple tax charges Thursday.
Conviction, 30-year sentence affirmed in armed robbery
A man who, with other masked gunmen, robbed an Indianapolis Asian market lost his appeal Thursday.
For want of $2, negligence claim is untimely
A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.
Appeals panel affirms sole custody for mother moving to China
A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.
Malpractice defense accused of ‘egregious mischaracterization’ of record
Defense attorneys who asked for a rehearing from the Indiana Court of Appeals panel that earlier affirmed a trial court medical malpractice jury verdict failed to sway judges who took the opportunity to call out their “egregious mischaracterization” of the record.