Indiana Court Decisions: June 1-14, 2023
Read the latest Indiana appellate court opinions from the most recent reporting period.
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Akard: Impact of CHIPS legislation on Indiana
Semiconductors function as the brains of almost every modern technology we use. They play an indispensable role for our national security, and competitiveness and can be found in everything from cars and phones to the electric grid and rocket ships.
Dreyer: The nine lives of Section 1983: 1871 to now
The unique tale of Section 1983 is an intriguing history of jurisprudence, social issues and federalism. The balance between central government power and individual rights has often been the rationale of applying Section 1983 or not.
Hammerle on… “Dungeons & Dragons: Honor Among Thieves” and “The Greatest Beer Run Ever”
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Dungeons & Dragons: Honor Among Thieves” and “The Greatest Beer Run Ever.”
IN Southern District adopts amendments to 8 local rules
The U.S. District Court for the Southern District of Indiana will enact amendments to eight local rules next month.
Bravo book on legacy of slavery published this month
Indiana University Robert H. McKinney School of Law Dean Karen Bravo’s latest book written as part of the Slavery Past, Present, and Future project has been released.
ABA issues ethics opinion on using nonlawyers for client intake
The American Bar Association Standing Committee on Ethics and Professional Responsibility has released an ethics opinion providing guidance on how a lawyer might use a legal assistant to perform client intake tasks.
IN Supreme Court releases proposed GAL guidelines, invites comment
Qualifications, training requirements and the ability to retain counsel are among the rules included in a proposal that would introduce the state’s first guardian ad litem guidelines.
Hunter Biden will plead guilty in deal that likely averts time behind bars in tax, gun case
President Joe Biden’s son Hunter will plead guilty to federal tax offenses but avoid prosecution on a separate gun charge in a deal with the Justice Department that likely spares him time behind bars.
Supreme Court turns away veterans who seek disability benefits over 1966 hydrogen bomb accident
The U.S. Supreme Court on Tuesday rejected an appeal on behalf of some U.S. veterans who want disability benefits because they were exposed to radiation while responding to a Cold War-era hydrogen bomb accident in Spain.
Indiana Rep. Lucas seen smiling, laughing in new police footage after DUI arrest
Republican state Rep. Jim Lucas was cooperative — even joking, at times — with police after he was arrested in May for driving under the influence, new body camera footage shows.
Eviction filings 50% higher than pre-pandemic in some cities as rents rise
After a lull during the pandemic, eviction filings by landlords have come roaring back, driven by rising rents and a long-running shortage of affordable housing.
Lawyer Eastman faces disciplinary hearing over efforts to keep Trump in power after 2020 loss
An effort to disbar conservative attorney John Eastman, who devised ways to keep President Donald Trump in the White House after his defeat in the 2020 election, will begin Tuesday in Los Angeles.
Trial court lacked jurisdiction to rule on SSA benefits case, COA affirms in upholding dismissal of complaint
The federal Social Security Act preempts a woman’s state tort claims and a trial court ruled correctly that it lacked subject matter jurisdiction in the case, the Court of Appeals of Indiana affirmed Monday.
7th Circuit reverses Northern District judgment, reinstates indictment for man for answering falsely on firearm application
The 7th Circuit Court of Appeals reversed a district court’s judgment and reinstated a man’s criminal charges Friday for providing false answers on a firearm application document.
Former COA Judge Garrard dies at 91
Former Court of Appeals of Indiana Judge William I. Garrard, 91, died June 2.
Doctor’s affidavit, along with medical records and testimony, precluded summary judgment in negligence case, COA rules in reversal
A doctor’s affidavit, along with medical records and another doctor’s deposition, created a genuine issue of material fact that precluded the entry of summary judgment in favor of a widow in a medical negligence case, the Court of Appeals of Indiana has ruled.
Man showed insufficient causation for pre-accident pain, headaches, COA affirms
A man’s negligence claims for a 2018 car accident only apply to a shoulder injury sustained in the crash and not to pain from any pre-existing injuries or ailments, the Court of Appeals of Indiana ruled Monday in affirming a lower court’s decision.
Man’s ‘rather have a lawyer’ comment didn’t invoke Miranda rights in child sex-trafficking case, 7th Circuit affirms
A man convicted of child sex-trafficking did not have his Miranda rights violated when a detective asked him questions after he said he would “rather” have a lawyer, the 7th Circuit Court of Appeals ruled in affirming a lower court’s decision.
COA: No abuse of discretion in setting aside stipulated order in property sale, liens case
A trial court did not abuse its discretion when it granted a motion from a receiver and contractors to set aside a stipulated order in a case involving liens and a property sale, the Court of Appeals of Indiana has ruled.