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   State Courts - Indiana - December 21 - December 22, 2006

  
In re Doyle, Case No. 41S00-0508-DI-365, SUPREME COURT OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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In re Kapitan, Case No. 45S00-0510-DI-505, SUPREME COURT OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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Overview: Because more than six months passed since lawyer was suspended due to noncooperation with disciplinary process, and based on his continued failure to cooperate with disciplinary process, the lawyer's suspension was converted to an indefinite suspension from the practice of law pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(4).

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In re Rathburn, Case No. 02S00-0603-DI-97, SUPREME COURT OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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Overview: Lawyer was suspended for 18 months for misconduct in which he failed to provide adequate representation to clients, failed to comply with court orders to turn over client files to new attorney, failed to refund unearned fees, and failed to properly respond during investigation of complaints, in violation of, inter alia, Ind. R. Prof. Conduct 1.3.

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In re Rush, Case No. 22S00-0607-DI-261, SUPREME COURT OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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Overview: A lawyer was suspended for 90 days, stayed upon conditions, for misconduct in which two checks drawn on the lawyer's trust account were dishonored for insufficient funds, and the lawyer also could not account for or explain the ownership of $ 179 in his trust account, in violation of Ind. R. Prof. Conduct 1.15(a).

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Keesling v. Beegle, No. 18A04-0501-CV-10, COURT OF APPEALS OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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Overview: It was error to grant summary judgment to two defendants on plaintiffs' Indiana Securities Act and RICO claims. There were genuine fact issues as to whether the defendants, who received override commissions on phone sales, exerted control over and materially aided a sales representative and whether they had proximately caused plaintiffs' damages.

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Keesling v. Winstead, No. 18A02-0601-CV-73, COURT OF APPEALS OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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Overview: Indiana court did not have personal jurisdiction satisfying due process over an Oregon company manager because, while his signature was stamped on contracts made with Indiana investors, he did not purposely avail himself of the privilege of conducting activities within Indiana and could not reasonably have anticipated being haled into court there.

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Leone v. Keesling, No. 18A04-0510-CV-626, COURT OF APPEALS OF INDIANA, December 21, 2006, Decided , December 21, 2006, Filed
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Overview: When appellant, a lawyer acting pro se, compared a lawsuit to a rape and suggested that the trial court was ignorant of the law, this crossed the line separating vigorous advocacy from invective. Thus, the court struck his argument on the issue of attorney's fees under Ind. Code § 34-52-1-1 and summarily affirmed the trial court's decision.

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Masick v. McColly Realtors, Inc., No. 37A03-0601-CV-38, COURT OF APPEALS OF INDIANA, December 22, 2006, Decided , December 22, 2006, Filed
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Overview: In an action involving the duty to warn of a defective step, summary judgment for the real estate company was reversed because there was a genuine issue of material fact as to whether a duty to warn of a latent defect arose and whether the real estate company's agent breached it. Summary judgment for the subcontractor was affirmed.

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Windhorst v. State, No. 49A04-0605-CR-260, COURT OF APPEALS OF INDIANA, December 22, 2006, Decided , December 22, 2006, Filed
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Overview: Sentence imposed for conviction of child solicitation under Ind. Code § 35-42-4-6(c) was affirmed as particulars of the offense were not unremarkable and did go beyond the inherent nature of the crime charged; among other things, defendant admitted intention to bring alcohol to planned rendezvous with a person he believed to be a 14-year-old girl.

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