New trial ordered for man denied counsel in criminal case
A man who asked for legal counsel that was not appointed in his misdemeanor invasion of privacy case will get a new trial, the Indiana Court of Appeals ruled Wednesday.
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Impeachment: Trump overheard demanding ‘investigations’
For the first time, a top diplomat testified Wednesday that President Donald Trump was overheard asking about “the investigations” that he wanted Ukraine to pursue that are central to the impeachment inquiry. The first public testimony in the House of Representatives’ inquiry got underway Wednesday.
Jury vindicates Terre Haute company in California aircraft crash suit
A Terre Haute aviation-services company that was sued for more than $455,000 in damages after an agriculture aircraft crashed on takeoff prevailed in a unanimous defense verdict handed down in a California trial court.
Fishers police dog dies after apparent shooting amid pursuit
Suburban Indianapolis police say a police dog was apparently shot to death overnight while tracking suspects through a wooded area.
US Supreme Court denies former Kentucky judge’s petition
The U.S. Supreme Court has denied a request by a former Kentucky judge to delay an ethics case against her. The judge faced potential removal for attempting to help her ex-husband after his 2017 arrest on drug possession charges. She has been charged with forgery and records tampering.
Supreme Court weighs whether Mexican family can sue in US
The Supreme Court’s left-leaning justices on Tuesday appeared willing to allow a lawsuit filed by the parents of a Mexican teenager shot over the border by an American agent, but the case will depend on whether they can persuade a conservative colleague to join them.
Marion Superior reminds lawyers to not monopolize hearings
Indianapolis attorney Fred Pfenninger is baffled and slightly miffed about the Marion Superior Court imposing a limit of roughly 15 cases per law firm per supplemental hearing. But James Joven, presiding judge of the Civil Term for Marion Superior Courts, said the limitation on the number of filings has been in place for several years.
Honoring the honorable: Marshall added, Dred Scott author removed from Southern District mural
Chief Justice Roger B. Taney, arguably best known for authoring the notorious 1857 majority opinion in Dred Scott v. Sanford, used to be featured in an Indiana Southern District Court mural. But his name was recently replaced with “Marshall,” representing longest-serving Chief Justice John Marshall and Associate Justice Thurgood Marshall, the court’s first African-American justice.
IndyBar: Day of Giving Raises More than $30,000
IndyBar members and the legal community overwhelmingly showed their support of the Indianapolis Bar Foundation during its second annual Day of Giving on Oct. 23, 2019, with donors contributing $30,619 as of press time.
SCOTUS calendar includes multiple immigration issues
As the nation gears up for the 2020 presidential election, the United States Supreme Court is preparing to review some of the most controversial elements of the Trump administration’s immigration policy.
It’s all relative: Hoosier attorneys discuss experiences of practicing with family members
They say you shouldn’t mix business and family. But not all Indiana lawyers follow that rule. Indiana Lawyer recently sat down with five sets of family practitioners.
DTCI: Young Lawyers Step Up
The September community service event at Gleaners Food Bank of Indiana was hosted by the Young Lawyers Committees of DTCI and ITLA. Six DTCI members and two ITLA members attended.
Former bar exam leader offers tips as Indiana considers changes
As the Indiana legal profession re-evaluates its bar exam in light of slumping pass rates, a leader in bar examinations and bar admissions offered some insight into testing and provided some advice, as well as some warnings, about making changes.
IndyBar: A Nod to Professionalism: Julia Carpenter
The IndyBar will be awarding the Professionalism Award to Julia A. Carpenter, a partner at Krieg DeVault LLP and chair of the firm’s Commercial and Real Estate Lending Practice Group.
Web Exclusive: ILS pilot guides pro se parents in child support
A pilot partnership between Indiana Legal Services and a Tippecanoe County court is providing in-court assistance to pro se litigants in divorce cases. Attorneys sit down with litigants behind closed doors, gather the necessary child-support information, fill out the paperwork and send parents back into the courtroom.
IndyBar: Southern District of Indiana, We Have a Problem
In the one-year period ending Sept. 30, 2019, there were 4,496 motions for time filed in civil cases. In at least half of these motions, the request fails to comply with three important and relevant Federal Rules of Civil Procedure; Rules 1, 6 and 16.
‘Incredibly lucky breaks’: Massa recalls going from journalist to justice
Indiana Supreme Court Justice Mark Massa didn’t follow a traditional path into the law, but he says a series of “incredibly lucky breaks” propelled him forward in the profession.
Help renewed for Hoosiers facing loss of their home
The Indiana Supreme Court is working to help troubled homebuyers, and possibly prevent another flood of empty houses, by relaunching the Mortgage Foreclosure Trial Court Assistance Project. A $115,000 grant from the Indiana Bar Foundation will provide funding to pay for facilitators to work with borrowers and lenders to try to get them to reach an agreement that will avert a foreclosure.
Indiana Court Decisions – Oct. 24–Nov. 6, 2019
Read Indiana appellate court decisions from the most recent reporting period.
DTCI: Using Misuse as a Defense
Indiana’s state and federal courts have long held that the incurred risk and product alteration defenses under Indiana’s Product Liability Act (IPLA) constitute “complete defenses.” But applying the misuse doctrine, particularly as a complete defense, is nuanced and requires a more thorough understanding of Campbell Hausfeld/Scott Fetzer v. Johnson and related law than the headlines might suggest.