Deputy prosecutor gets reprimand for drunk driving
A Johnson County deputy prosecutor has been given a public reprimand for his conviction of misdemeanor drunken driving.
Indiana Supreme Court
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Supreme Court hears insanity argument in shooting death of pastor
The May 2012 shooting of the Bethel Community Church pastor left the Southport community shaken. Admitted killer Lori Barcroft was twice found guilty but mentally ill in the shooting death of Jaman Iseminger, but as it stands now, she is not guilty by reason of insanity after a second Indiana Court of Appeals reversal.
Justices to weigh how right to publicity affects fantasy sports
The Indiana Supreme Court has agreed to consider how Indiana’s right-to-publicity statute affects the fantasy sports industry in order to provide guidance to a fantasy football case pending in the 7th Circuit Court of Appeals.
IU frat sex assault case proceeds; questions certified to justices
The Indiana Southern District Court has partially denied summary judgment to an Indiana University fraternity implicated in a campus sexual assault after finding “open issues” in the applicability of Indiana Supreme Court precedent concerning foreseeability in the context of duty.
Supreme Court CAO Willis resigns
Indiana Supreme Court Chief Administrative Officer Mary Willis has resigned from her position and is no longer working for the Supreme Court, the court announced Thursday. Jane Seigel, current and soon-to-retire executive director of the Indiana Office of Court Services, will serve as interim CAO.
Lawyers for man charged in 4 killings end legal challenge to counsel’s removal
Attorneys for a Fort Wayne man charged in four killings have ended their challenge to a judge’s removal of a defense attorney from the case.
Indiana Court Decisions — March 29-April 11, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Attorneys object to proposed rule making cellphone numbers public
Feedback on a proposal that attorneys disclose their cellphone numbers when filing appearances has been overwhelmingly negative. Indiana Supreme Court officials say they are committed to taking the attorney feedback seriously, and lawyers are clinging to that promise in the hopes of avoiding what they see as a violation of privacy.
Pro bono push: State, federal court see upturns in volunteering attorneys
While the need among unrepresented litigants continues to grow, state and federal courts in Indiana say recent efforts to encourage more pro bono service among attorneys are showing results.
Disciplinary Commission offering ethics advice
The commission on April 9 announced a new ethics program that will offer informal guidance in the form of individual responses and formal guidance via public advisory opinions. Attorneys with specific questions about ethical dilemmas will receive guidance uniquely tailored to their problems through the commission’s informal review process.
Justices to hear appeal over trains blocking road crossings
The Indiana Supreme Court will decide whether state or federal law controls how long trains may block road crossings. The Court of Appeals reversed the trial court, ruling that federal law does not preempt state laws that forbid trains from blocking crossings for more than 10 minutes.
Justices won’t hear commercial court constitutionality challenge
The Indiana Supreme Court on Friday rejected an appeal that challenged the constitutionality of the state’s commercial court dockets in a case that permitted enforcement of a noncompete agreement against a glass company worker.
Noblesville attorney suspended after admitting multiple conduct violations
A Noblesville attorney has been suspended from the practice of law for at least one year after admitting to 10 violations of Indiana professional conduct rules.
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.
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.
Supreme Court Disciplinary Commission launches ethical guidance program
Lawyers who participate in and pay for online legal referral services run the risk of violating multiple Indiana ethical rules, the Indiana Supreme Court Disciplinary Commission wrote in a first-of-its-kind advisory opinion released as part of a new ethical guidance program.
Supreme Court to hear argument in Owen County
The Indiana Supreme Court will travel to southern Indiana later this month to hear an oral argument in Owen County. The court announced Thursday it will hear a case involving a 17-year-old’s reported suicide attempt.
Dean’s Desk: Death penalty for drug dealers unconstitutional (and unwise)
The death penalty for a defendant who did not participate in a violent felony that resulted in the death of someone simply would not pass constitutional muster and is clearly a step backward from policy, public health, and constitutional perspectives.
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 […]
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.