Indiana Court Decisions – Jan. 1-14, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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Letter to the editor: Hill discipline recommendation raises race bias concerns
The Indiana Disciplinary Commission’s recommended professional sanctions against Indiana Attorney General Curtis Hill attests to ongoing racial disparities within the state’s legal and criminal justice system.
Suit over federal executions likely headed back to SCOTUS
Death penalty experts say they expect justices of the United States Supreme Court ultimately will decide whether federal executions will resume at the United States Penitentiary in Terre Haute.
New track to arrive at ‘reasonable’ rail rates?
The next time you’re stuck in your car watching a train amble across an intersection, think about this: Deregulation is credited with preventing the railroad industry from being run over by truckers, but in places where the rails are the only means of transportation, what should be done to ensure the prices charged by the railroads to the companies shipping products are reasonable?
Bill would give undocumented Hoosiers ‘driving cards’
Under legislation introduced in the Indiana House, “driving cards” and driving card learner’s permits would be available to undocumented immigrants living in Indiana. The cards would be limited only to showing proof of driving qualifications and allowing a holder to obtain insurance.
David & English: How marijuana use by commercial drivers is evaluated in Indiana
Despite the changing legal landscape, marijuana is still classified as a Schedule I substance under the Controlled Substances Act. This tension between state and federal law has led to confusion and challenges in many industries, but for the trucking industry, little has changed.
IndyBar is Moving!
We are excited to begin the process of moving to our new space at 140 N. Illinois St.!
Judge orders sanctions against state attorney, DOC
Monetary sanctions potentially exceeding $100,000 and default judgment have been entered against state defendants and their attorney in a prisoner case that the presiding federal judge said “shattered” her trust in the defendants’ litigation practices.
DTCI: Diversity in firm life — Make room for me and let me eat
Hiring diverse attorneys is a good start; however, giving diverse attorneys a seat at the table will ultimately determine whether a firm’s diversity and inclusion efforts have been effective.
IndyBar: Who Is This Guy? How Did He Become President of IndyBar? And Why Should We Care About IndyBar Anyway?
What does the IndyBar do and why should we care and be active? Today, the IndyBar serves its members with 18 legal sections that provide expertise, resources, networking, referrals, CLE and much more.
Big law’s big entrance into Indiana driven by client demand, firms say
The year 2020 will go down in the Indiana legal history books as the time when big law came to the Hoosier state. Firm leaders say the growth is driven primarily by client demands for varied legal services.
JLAP: Frankly speaking — The art of the howdy call
In his 20-plus years of serving the legal community of Indiana, Frank Kimbrough has perfected the most vital aspect of any helping venture: the connection.
Hammerle on … “1917,” “A Hidden Life”
Movie review Robert Hammerle says the awards and accolades for the World War I epic “1917” are deserved, while “A Hidden Life” simply runs too long.
Coming full circle: Karozos returns to lead state public defender office
The Indiana Supreme Court in December selected Amy Karozos to succeed Indiana Public Defender Stephen Owens, who retired at the end of 2019. “It’s nice to be back,” said Karozos, who began her four-year term Jan. 13.
Baker announces retirement from Indiana Court of Appeals
| IL Staff
Indiana’s longest-serving judge and a 30-year veteran of the Indiana Court of Appeals, Judge John G. Baker will retire this summer, the COA announced in a news release Tuesday afternoon.
Opinions Jan. 21, 2020
Indiana Court of Appeals
Aquatherm GmbH v. Renaissance Associates I Limited Partnership
19A-PL-981
Civil plenary. Affirms in an interlocutory appeal the Lake Superior Court’s denial of Aquatherm GmbH’s motion to dismiss for lack of personal jurisdiction in a case brought against it by Renaissance Associates I Limited Partnership. Finds GmbH’s contacts are not sufficient to confer general personal jurisdiction, but Indiana’s exercise of specific personal jurisdiction over GmbH would be fair and comport with federal due process requirements.
COA upholds Indiana jurisdiction in dispute involving German manufacturer
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
Justices to hear arguments in blood draw suppression case
| IL Staff
The Indiana Supreme Court will consider this week whether to grant transfer to a wrong-way-driver case focused on a post-accident blood draw.
Split COA reaffirms original decision for lawyers in dispute over tax sale proceeds
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
Connersville attorney disbarred for ‘criminal and dishonest’ conduct
| IL Staff
A Connersville attorney accused of using client funds to pay for her children’s school tuition and of repeatedly making false assertions to the Disciplinary Commission, among numerous other “criminal and dishonest” acts, has been disbarred.