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.
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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.
Legal education confronts the pandemic
The coronavirus emergency is forcing many changes to legal education in Indiana. Law schools and the judiciary are changing procedures, canceling events and finding alternatives as the prohibitions on large gatherings appear likely to continue for the foreseeable future.
Home again: Elkhart man released after 15 years in prison, but case likely isn’t over
Andrew Royer has been granted a new trial after a special judge determined his 2005 trial was tainted by false evidence and coercive investigative techniques that exploited his mental disability. But the possibility of a retrial remains.
DTCI: Finding positives: Togetherness in social distancing
Defense Trial Counsel of Indiana member Megan Culp reflects on the positive things I’ve experienced during the COVID-19 crisis to give others a small distraction from the negatives.
ACLU not planning suit to block fetal remains bill
Indiana’s new fetal remains law, which provides for burial or cremation following an abortion, will likely not face a legal challenged in contrast to a similar provision in a 2016 state law that was ultimately upheld by the U.S. Supreme Court.
COA affirms murder conviction over challenged letter
The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.
Reversal: Landowners, not county, responsible for fixing failing dams near Peru
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
Texas clinics ask Supreme Court to allow certain abortions
Abortion clinics in Texas have asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic. The clinics filed an emergency motion on Saturday asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.
Challenged blood draw in fatal impaired driving crash upheld
A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.