Articles

Supreme Court allows legal malpractice claim to continue

A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff’s premises liability claim would have succeeded had the firm not failed to timely file her complaint.

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Signature waived right to jury trial, COA affirms

A Clay County defendant waived her Sixth Amendment right to a jury trial when she signed a form acknowledging the deadline to demand a jury, then missed that deadline, the Indiana Court of Appeals ruled in an opinion upholding the denial of the defendant’s untimely jury trial demand.

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COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

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COA rejects missing witnesses argument in murder appeal

A man convicted in a Marion County drug-related murder has lost his appeal of his conviction after the Indiana Court of Appeals determined the trial judge was not required to admonish the jury about the absence of two witnesses without a request from the parties.

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JNC to interview 12 for COA seat

Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.

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Divided COA finds evidence of prior bad acts harmless

A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.

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COA: Indiana lacks jurisdiction in trade secrets case

An Alabama-based medical billing company is not subject to Indiana jurisdiction in a trade secrets case because the Indiana plaintiff failed to prove the misappropriation of its trade secrets had a substantial connection to the Hoosier state.

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Indiana Court Decisions — March 15-28, 2018

7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]

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DTCI: Is the Plaintiff a User or Consumer Under IPLA?

A preliminary inquiry in defending any case brought pursuant to the Indiana Products Liability Act (IPLA) is whether the IPLA even applies to the plaintiff; that is, whether the plaintiff is considered a “user” or “consumer” under the IPLA.

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