Couple accused in Indiana barn burnings face more charges
A couple accused of torching eight barns last year in a northern Indiana county now face charges alleging that they also set fire to an Amish school in an adjacent county.
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Motorist dead after police chase, apparently shot himself
A police chase of a car that began early Wednesday afternoon in Indianapolis ended about 20 miles away near Brownsburg when the driver died of an apparent self-inflicted gunshot wound, authorities said.
IN justices: Forfeited funds can’t be released for defense, but summary judgment for state was inappropriate
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
Indiana joins 21-state challenge to federal mask mandate
Indiana Attorney General Todd Rokita has joined a federal lawsuit filed by the state of Florida seeking to repeal the federal mandate requiring individuals to wear masks when traveling by public modes of transportation including airplanes, trains, road vehicles and ships.
No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
U.S. Supreme Court to hear case that could affect Indiana pork farmers
The U.S. Supreme Court said this week that it has agreed to hear a case brought by the National Pork Producers Council and the American Farm Bureau Federation against California’s Proposition 12, which could have an impact on Indiana’s 3,000 pork producers.
Opinions March 30, 2022
7th Circuit Court of Appeals
Donald G. Karr, Jr. v. Mark R. Sevier, Warden
21-2463
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Civil. Affirms the denial of Donald Karr’s petition for habeas relief after he was convicted in state court of rape and domestic battery. Finds Karr fails to show he was prejudiced by his trial counsel’s purported errors. Also finds that a U.S. Supreme Court equitable exception that excuses procedural defaults, including the six claims Karr procedurally defaulted in state court, does not apply to insubstantial claims such as the ones Karr presents for ineffective assistance of trial counsel, nor does it apply in this procedural posture.
Indianapolis man gets 10 years for violent actions during Oregon protests
A man from Indiana accused of hurling Molotov cocktails at police in Portland, Oregon, and breaking windows during 2020 protests against police brutality was sentenced to 10 years in prison.
Indiana governor visits refugees as state cuts Russian ties
Indiana’s state government is selling off nearly $150 million of Russian-related investments as the governor said he’s looking at ways the state could help Ukrainian refugees fleeing from the Russian invasion of their country.
Jackson wins GOP vote, nearly assuring Supreme Court seat
Maine Sen. Susan Collins said Wednesday she will vote to confirm Judge Ketanji Brown Jackson, giving Democrats at least one Republican vote and all but assuring Jackson will become the first Black woman on the Supreme Court.
Justices cast doubt on Texas immunity claim in vet’s lawsuit
The U.S. Supreme Court on Tuesday cast doubt on Texas’ claim that it can’t be sued by a former state trooper who says he was forced out of his job when he returned from Army service in Iraq.
US opens second COVID boosters to 50 and up, others at risk
Americans 50 and older can get a second COVID-19 booster if it’s been at least four months since their last vaccination, a chance at extra protection for the most vulnerable in case the coronavirus rebounds.
DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not: An update
| From DTCI and Tammy J. Meyer
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Money troubles: Federal judiciary issues new policies for financial disclosures
Given that what federal judges do with their money outside the courthouse has raised questions about whether they are ruling in favor of their financial interests inside the courtroom, the federal judiciary is making changes that members of the legal community and court observers say are good but do not go far enough.
Braish and Phillips: Looking for pro bono opportunities? Consider TPS clinics
| Zena Braish and Rachel Phillips
If you are looking for meaningful pro bono work without a long-term time commitment, consider hosting a TPS clinic. TPS, or temporary protected status, is a mechanism by which the executive branch can give migrants from certain unsafe countries the right to live and work in the United States for a temporary period of time.
DTCI: IPLA’s domestic distributor rule: What is a principal distributor?
In a case involving an allegedly defective product manufactured outside the United States, the manufacturer may quickly file a motion to dismiss for lack of personal jurisdiction. Alternatively, it may be impossible to secure service upon an overseas manufacturer of a product. In either situation, an attorney who happens to represent a U.S. distributor of the product may be wondering if the U.S. client will be left holding the bag for a manufacturing defect (i.e., strict liability) if the manufacturer is dismissed.
‘No means no’ law updated: Rape law still lags on defining consent, rape by fraud
A new change expanding Indiana’s more than 200-year-old rape statute has garnered praise from advocates of sexual assault survivors and prosecutors alike for spelling out different ways that “no means no.” But even some proponents of the change say the law still lacks an explicit definition of “consent.”
Keeping the culture: New Lewis Wagner managing partner leads by example
Richard Blaiklock has never been one to shy away from hard work. The longtime business litigator will now take that attitude and work ethic into his new, three-year term as managing partner of Lewis Wagner LLP.
Hammerle on… “tick, tick … BOOM!,” “The Batman” and Ukraine and Vietnam
Indiana criminal defense attorney Bob Hammerle gives us his take on “tick, tick … BOOM!” and “The Batman,” plus the parallels he sees between the current war in Ukraine and the Vietnam War.
Hurley and Mappes: Trade secrets, noncompetes and remote work: Part II
| Ryan Hurley and Harmony Mappes
The trend of increased scrutiny over noncompete enforceability, coupled with the uptick in remote work, make it all the more important for companies to revisit the “reasonable efforts” in place to protect their trade secrets.