Criminal: Babysitters Cannot Assert Parental Privilege Defense

Today, the Indiana Court of Appeals addressed an issue of first impression in Indiana law:  whether a babysitter may avail himself of the parental privilege defense for disciplining a child in his care.  In McReynolds v. State, despite the appellant having waived the issue, the Indiana Court of Appeals affirmed the trial court’s conclusion that McReynolds – who lived in the mother’s home but “was neither a stepparent nor romantically involved with” the child’s mother and provided babysitting…

Disciplinary: Indiana Supreme Court Disbars Indianapolis Attorney

Monday, the Indiana Supreme Court, in this per curiam opinion, disbarred Indianapolis attorney Robert E. Lehman after Lehman pled guilty to one count of willfully making a false tax return. The Court held that the conduct to which Lehman pled guilty reflected adversely on Lehman’s honesty and trustworthiness, and involved deceit and misrepresentations, violating Rules 8.4(b) and 8.4(c) of Indiana’s Rules of Professional Conduct.  The Supreme Court also considered three prior disciplinary actions that had been brought against…

Court of Appeals Argument Preview: Week of March 2, 2009

At 3 p.m. (EST) on Tuesday, March 3, the Indiana Court of Appeals will hear argument in Indiana Patient’s Compensation Fund v. Patrick.  The Court will hold the argument in Wabash College’s Baxter Hall.  Bingham McHale’s Anne L. Cowgur will argue the case on behalf of the Patient’s Compensation Fund.  Jerry Garau will argue on behalf of Mr. Patrick.  At issue in the case is whether a father can recover damages from the Patient’s Compensation Fund (PCF), under…