Indiana Court Decisions – Nov. 7-19, 2019
Read Indiana appeallte court decisions from the most recent reporting period.
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DTCI: 2019 amicus activity — summary of key cases
This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Here are highlights from some of those key cases.
IndyBar: Helicopters and Lawyers Are Best Moving Forward
I began taking helicopter flight lessons in 1998 (one of the best Father’s Day presents ever from my wife), and I’ve learned a few things in this process that apply to the practice of law.
Qualified candidate? Judicial ratings navigate partisanship
On the federal level, ratings of judicial nominees are often cast as partisan. But in Indiana’s state courts, bar leaders say they view their role as helping Hoosiers to impartially decide whether members of the judiciary are adequately serving their communities.
Smith to focus on new lawyer recruitment as DTCI president
Indianapolis attorney Donald Smith knows the Defense Trial Counsel of Indiana has value. His goal during his year as the organization’s president is to show others that value, too.
IndyBar: Celebrate These IndyBar Members at Upcoming Holiday Parties!
We love to recognize the accomplisments of IndyBar members, and you’ve got two chances to honor two well-respected members of the legal community and the IndyBar!
Entrepreneurial endeavor: New Indianapolis law firm thinks like a startup
Like the entrepreneurs they represent, the three lawyers who recently formed JBJ Legal — Kimberly Jeselskis, B.J. Brinkerhoff and Hannah Kaufman Joseph — got restless working for someone else. Befitting their entrepreneurial spirit, the three have leveraged technology and capitalized on modern-day office concepts in starting their firm.
Hoosiers active and engaged but avoiding ballot box
Data from the US Census Current Population Survey shows Indiana residents are among the most active in their communities and most engaged politically in the country. However, going to the voting booth and casting a ballot are different matters.
Hammerle on … “Parasite,” “Midway” and “Terminator: Dark Fate”
Movie reviewer Robert Hammerle says “Parasite” is a frontrunner for best foreign film, “Midway” lacks the luster of its predecessors, and “Terminator: Dark Fate” is an entertaining thriller too few people are seeing.
Bont: 7th Circuit expands criminal fraud liability
There is no published data I’m aware of to support this, but it generally seems that prosecutors decline to charge a white-collar case when an aggrieved company has the resources to pursue a civil action against the fraudster to recover its losses.
Rent-to-own housing lawsuit settlement comes at a cost
Although the legal battle with rent-to-own housing company Casas Baratas Aqui ended with what the Fair Housing Center of Central Indiana calls a “groundbreaking resolution that will have national impact,” the bitterness and damage invoked by the defendants’ counterclaims continues to rankle both sides in the litigation.
IndyBar: It Pays to Associate: Check Out New Offerings for Members
The IndyBar prides itself on making the practice of law more productive, more profitable and more satisfying for its members. Through partnerships with a variety of service providers, IndyBar members have access to products and discounts that accomplish all three of those goals.
Creating more Hoosier voters by offering one-stop resource
Bill Moreau describes himself as a “’born-again idealist.” The partner at Barnes & Thornburg LLP has long been active in public service, and he now wants to boost Indiana’s voter registration and turnout, both of which have slumped below the national average for decades.
Disciplinary Actions
| IL Staff
Find out which Indiana lawyers recently have been placed on probation, suspended and cleared in disciplinary cases.
Love of litigation: Slaughter recalls how writing led him to the bench
Justice Geoffrey Slaughter thought he’d be a transactional lawyer. But then he discovered litigation. The justice recently sat down with Indiana Lawyer to discuss his time on the bench, the latest installment in IL’s Meet the Justices series.
Web Exclusive: Inmates pursue legislative opportunities through public policy course
When a college program was crafted for the Indiana Women’s Prison in 2012, director Kelsey Kauffman knew she wanted to teach women about public policy. But the experience also became a life lesson that gave some of the women a new mission after their lives behind bars.
7th Circuit says lawyer intentionally altered photos, threatens sanction
An order to show cause has been entered against a Crawfordsville attorney whom the 7th Circuit Court of Appeals says intentionally altered photographs entered into the record in a slip-and-fall case. The appellate court also raised the possibility of sending the matter to the Indiana Supreme Court Disciplinary Commission.
Hamilton County judge rules for 4 Indiana cities in RFRA lawsuit
Four Indiana cities sued for enacting anti-discrimination ordinances that opponents alleged violated religious rights laws have won summary judgment in a lawsuit challenging Indiana’s controversial Religious Freedom Restoration Act.
Opinions Nov. 26, 2019
Indiana Tax Court
Southlake Indiana LLC v. Lake County Assessor
18T-TA-16
Tax. Reverses the Indiana Board of Tax Review’s final determination that valued Southlake Indiana LLC’s real property for each of the 2007 through 2014 tax years. Finds the board’s reliance on Lake County appraiser Mark Kenney’s market rent estimates is contrary to law, and its repudiation of Southlake appraiser Sara Coers’ percentage-of-gross-sales analysis is unsupported by substantial and reliable evidence. Remands to the board with instructions to assign the subject property a market value-in-use under the income approach that calculates the property’s net operating income each year at issue by replacing Kenney’s market rents with the market rents derived by Coers through her reconciliation of her market extraction and gross-percentage-of-sales estimations, and that applies Coers’ capitalization rates for 2010-2012 but Kenney’s capitalization rates for 2007-2009 and 2013-2014.
Defense attorneys feud over who represents death penalty defendant in officer’s shooting
Defense attorneys representing Jason Brown, an Indianapolis man facing the death penalty for allegedly killing a police officer, are feuding with his appointed counsel, raising the question again of when a defendant’s right to counsel ends.