Groups hail Indiana restrictions on stimulus check seizures
Creditors cannot seize federal coronavirus relief payments from Indiana residents under a ruling from the Indiana Supreme Court that was applauded by groups that sought the proscription.
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Judges shooting defendant moves to unseal evidence, including surveillance video
The man accused of shooting two Indiana judges in a May 1 morning melee in a downtown Indianapolis White Castle parking lot is asking a judge to unseal evidence — including surveillance video of the incident — that his attorneys say is critical to his claim that he acted in self-defense. The state counters that the request is meritless.
US Supreme Court bans nonunanimous jury verdicts in Oregon
Until Monday, Oregon was the only state that still allowed non-unanimous jury convictions. The U.S. Supreme Court ended that in a decision involving a murder conviction in Louisiana, a state which, until 2019, had also allowed non-unanimous jury convictions. But the ruling also applied to Oregon’s law.
Appeals court tosses murder conviction due to lack of jury instruction
A unanimous panel of the Indiana Court of Appeals threw out a man’s murder conviction Monday after finding that the Marion Superior Court abused its discretion in refusing to provide the jury an instruction on reckless homicide.
Justices grant transfer for reconsideration in second PCR petition case
Indiana Supreme Court justices have reversed for reconsideration a case involving a child molester’s petition for post-conviction relief after he asserted that his second PCR petition only raised issues that emerged after his habitual offender conviction was reversed and remanded for a new trial.
Conviction upheld in Elkhart synthetic drug case
A northern Indiana man arrested during a traffic stop could not convince the Indiana Court of Appeals on Monday that there was insufficient evidence to support his handgun- and drug-related convictions.
High court declines to hear Nebraska, Missouri death cases
The Supreme Court is passing for now on deciding whether juries must find all facts necessary to impose a death sentence or whether judges can play a role, an issue Nebraska and Missouri death row inmates had asked the court to take up.
Justices rule against Montana homeowners near Superfund site
The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.
Man’s conviction upheld in gang-related murder
An East Chicago man could not convince the Indiana Court of Appeals on Friday that he shouldn’t be found guilty of murder for his involvement in a gang-related killing.
Title IX lawsuit against Indiana Wesleyan uncovers HIV allegation
A Title IX lawsuit filed by a male student against Indiana Wesleyan University over its handling of an alleged sexual assault has taken an unprecedented turn after his attorneys uncovered a report that included the female student’s claim she had contracted HIV as a result of the alleged attack.
Supreme Court announces 4:30 deadline for responses to ILS stimulus check petition
Individuals or entities that intend to file a response to a petition brought by legal aid providers and nonprofits seeking to restrict civil collections of federal stimulus check proceeds must do so by 4:30 p.m. on Thursday, the Indiana Supreme Court announced.
Jury’s failure to appear verdict affirmed after man claimed intent was unproven
A southern Indiana man whose counsel admitted to a jury that the defendant failed to appear in court on a felony charge, but didn’t do so intentionally, lost his appeal of the jury’s guilty verdict Wednesday.
Man charged in fatal shooting of Indianapolis police officer
A man was formally charged with murder Tuesday in the slaying of an Indianapolis police officer who authorities said was shot through an apartment’s door while responding with other officers to a domestic violence call.
Rost and Etienne: Design patents offer protection against aftermarket copying
How can a business or manufacturer legally protect external and aesthetic components from copycats and knockoff suppliers? Design patents.
Indiana Court decisions – March 26-April 8, 2020
Read Indiana appellate court decisions from the most recent reporting period.
IndyBar: Indiana Supreme Court Waives Limitations on Distance Education Courses Due to COVID-19 Pandemic
In light of the COVID-19 pandemic and public health emergency, the Indiana Supreme Court has issued an order amending the limitations on allowable distance education for attorneys and judges in Indiana.
Essential or non-essential? Lawyers scrambling to provide COVID-19 guidance
Though they don’t have all the answers, legal professionals are being looked to for guidance as clients navigate their new realities.
SCOTUS case highlights qualified immunity questions
After attacking a man mistaken for a fugitive, law enforcement in Michigan are facing a civil lawsuit that’s raising questions about qualified immunity and government accountability.
Federal Circuit tweaks statute to overcome constitutionality concerns with administrative patent judges
On Halloween 2019, a constitutional argument against the process for challenging patents not only convinced a federal appellate court but also inspired the judges to offer their own fix to the statute.
Bell and Grass: 3 things: The ethics of working from home
Moving your office into your home can pose unique ethical concerns you may not have considered. James Bell and Stephanie Grass discuss three things you need to know about the ethics of working from home during the COVID-19 pandemic.