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Split COA affirms northern Indiana utility rate increase

A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.

Public outcry may be able to keep offensive trademarks at bay

While Monday’s decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern Indiana may provide an example of what the eight justices were trying to accomplish.

Opinions June 20, 2017

Indiana Supreme Court
William McNeal v. State of Indiana
49S05-1706-CR-405
Criminal. Grants transfer and vacates the Court of Appeals’ discussion in its opinion of the community caretaking function, specifically the final sentence of Section 1, the entirety of Section 1.1, the first phrase of Section 1.2 and the second sentence of the paragraph numbered 25. Summarily affirms the remainder of the Court of Appeals’ opinion, including the rest of Section 1.2 and Section 2.

Court must revisit issue of prospective juror’s demeanor in Batson challenge

The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.

Putnam County officer to be resentenced again for excessive use of force

A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.

Goff joining Indiana Supreme Court July 24

A temporary replacement for the judge of the Wabash Superior Court has been appointed as current Judge Christopher Goff prepares to step down from the trial court bench and transition to the Indiana Supreme Court next month.

Opinions June 19, 2017

Indiana Court of Appeals
Daviess-Martin County Joint Parks and Recreation Department, Daviess County Indiana, and Daviess County Health Department v. The Estate of Waylon W. Abel by John Abel, Personal Representative, et al.
19A04-1607-CT-1563
Civil tort. Reverses the denial of the Daviess-Martin Joint County Parks & Recreation Department, Daviess County, Indiana, and the Daviess County Health Department’s motions for summary judgment regarding a negligence claim by the estate of Waylon Abel, and John Abel on behalf of the dependent children of Waylon Abel. Finds the county, parks board and health department did not have a duty to Waylon Abel.

COA: County entities did not owe duty under foreseeability analysis

A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.

Top students still not interested in a JD

A few months before law schools around the country begin a new academic year, the number of people applying for admission has slipped, with the greatest decline coming from applicants posting the highest LSAT scores.

Justices say law on offensive trademarks is unconstitutional

The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.

Justices deny transfer to malpractice suit against Barnes & Thornburg

The Indiana Supreme Court will not consider the issue of whether Indiana’s largest law firm was properly granted summary judgment in a legal malpractice suit, denying transfer to a case that raised concerns about attorneys’ ability to indemnify themselves against malpractice allegations.

Fort Wayne courthouse’s stained glass dome undergoes repairs

After spending nearly a century adorning the apex of the courthouse ceiling, the stained-glass panels had begun to suffer from a phenomenon known as deflection. The condition results from gravity invisibly acting on the lead holding the glass in place.