Articles

Opinions — May 18, 2016

Indiana Supreme Court
In the matter of: Elton D. Johnson
71S00-1408-DI-544
Discipline. Disbars Johnson after he committed attorney misconduct by providing incompetent representation, converting client funds and failing to cooperate with the disciplinary process. Johnson violated 13 different Indiana Professional Conduct Rules as well as three Indiana Admission and Discipline Rules.

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COA: Worker’s comp board may overrule medical examiner

The Indiana Court of Appeals affirmed a Worker’s Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.

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Handcuff injury claim against Alexandria officers proceeds

A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he’d had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.

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COA upholds contempt charges in video conference

The Indiana Court of Appeals upheld a man’s contempt of court charges after it found just because a man was on video didn’t mean he couldn’t commit contempt, and the evidence was enough to uphold the charges.

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Groups want rehearing in lawmaker email case

Consumer advocacy groups and professional journalism organizations are asking the Indiana Supreme Court to reconsider a recent decision allowing lawmakers to withhold emails requested under the state’s public records law.

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Supreme Court disbars South Bend lawyer

The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson’s disbarment.

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Opinions — May 18, 2016

Indiana Court of Appeals
Joshua Schaaf v. State of Indiana
85A04-1506-CR-796.
Criminal. Affirms Joshua Schaff’s convictions but reduces his sentence for two counts of dealing heroin. Finds sufficient evidence for his convictions even though he didn’t participate in one of the transactions and didn’t know he was near a park in the second. Reduces Schaff’s sentence from 15 years for the first count and 40 for the second count to 10 for the first count and 30 for the second, finding the sentence was too harsh. Judge Paul Mathias dissents in opposition to the sentence reduction in one-paragraph opinion.

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Ex-credit union chief loses defamation per se appeal

The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.

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COA reinstates ex-boyfriend’s complaint for damages

The Indiana Court of Appeals found a man’s complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.

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US backs Syrian refugees against Pence at 7th Circuit

The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.

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