Indiana Court Decisions – Feb. 25-March 10, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
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Smith: Your old noncompete form agreement may miss the mark
Cases over the past two decades have eroded the enforceability of certain noncompete agreement terms (aka restrictive covenants). Thus, a standard form noncompete agreement drafted in the 1990s may not withstand a court challenge if used today.
Web Exclusive: Supreme Court in no hurry to find new attorney ethics director
With the search underway for only the third director of the Indiana Supreme Court Disciplinary Commission, one thing seems certain: The court will take its time finding a successor for retired leader G. Michael Witte.
Indiana Supreme Court again asked to protect stimulus checks
A collection of Indiana agencies, including several legal aid providers, are asking the Indiana Supreme Court to help low-income Hoosiers by again blocking creditors from taking their new round stimulus payments that are being issued as part of the American Rescue Plan Act of 2021.
Citing recent precedent, justices vacate dangerous possession adjudication
A juvenile adjudication of dangerous possession of a firearm has been vacated by the Indiana Supreme Court in light of its opinion last year that juvenile courts lack jurisdiction to adjudicate the offense.
Justices revise Blickman discipline order in Park Tudor case
The Indiana Supreme Court on Friday amended its order reprimanding Ice Miller employment attorney Michael Blickman, removing language that said he told authorities he didn’t know where images were in a Park Tudor High School sexting scandal between a coach and a student in which Blickman represented the school.
Noble Circuit judge to resume duties after health leave
Noble Circuit Judge Michael J. Kramer will resume his duties at the courthouse in Albion next month after a temporary leave for health reasons, the Indiana Supreme Court said in a Thursday order.
Fired atheist teacher loses appeal alleging school broke confidentiality
A middle-school German teacher who settled a lawsuit claiming he was fired because he was an atheist failed to prove Middlebury Community Schools violated confidentiality terms of the settlement, the 7th Circuit Court of Appeals ruled Thursday.
In 3-2 split, justices deny woman’s self-defense claim in murder
An Indianapolis woman who was convicted of murder after her manslaughter plea was rejected when she claimed self-defense could not persuade a majority of the Indiana Supreme Court last week to hear her appeal.
7th Circuit: State courts, not federal, should rule on counsel for kids in CHINS cases
The question of whether children in CHINS proceedings should be appointed counsel is best left for state court resolution, the 7th Circuit Court of Appeals has ruled, finding no “civil Gideon” principle requiring counsel in child welfare cases.
Justices to hear arguments on 2 transfer petitions
The Indiana Supreme Court will hear arguments in two cases this week, considering whether to grant transfer to disputes involving college athletes and police interrogations.
Lawyer suspended 20 years ago gets conditional reinstatement
An Indianapolis lawyer who was suspended more than 20 years ago has been conditionally reinstated to the Indiana bar. The reinstated attorney is permitted to practice on a probationary period.
New online court hearing calendar in use by more than 30 counties
The Indiana Supreme Court has launched a new online tool providing information about daily dockets for courts in more than 30 Indiana counties. The tool follows court rules requiring courts to make daily calendars public and permitting courts to livestream proceedings due to COVID-19.
Justices clear Knox County prosecutor in discipline case
The elected prosecutor of Knox County in southwestern Indiana has been cleared of a charge of “offensive personality” in an attorney ethics case arising from his conduct in a police investigation of a former deputy prosecutor’s sexual relationship with a woman serving time on meth charges. It’s the second time in days that justices have cleared an elected prosecutor in a discipline case.
SCOTUS raises bar for some immigrants to avoid deportation
The Supreme Court on Thursday made it harder for longtime immigrants who have been convicted of a crime to avoid deportation. Justice Neil Gorsuch wrote the opinion for a 5-3 conservative majority that ruled against a Mexican citizen who entered the U.S. illegally and has lived in the country for 25 years.
Justices to hear arguments in med-mal case over hepatitis misdiagnosis
The Indiana Supreme Court has agreed to hear arguments in a case brought by a woman who was incorrectly told a hepatitis test was negative when the test revealed she was, in fact, hepatitis positive.
Justices reinstate adoption without mother’s consent
An Indiana trial court properly allowed an adoption to proceed without a mother’s consent, the Indiana Supreme Court has ruled, reinstating an adoption petition for the child whose mother failed to communicate or pay child support.
JNC recertifies 2 senior judges
Two senior judges have been recertified for another year of service in Indiana. Cynthia Amber of Fort Wayne and Carol Jane Orbison of Indianapolis were recertified as senior judges in a Feb. 25 order.
Work beginning to create ‘next generation’ bar exam
The bar exam Indiana administered at the end of February is headed for the pile of historic has-beens as the state prepares to switch to another version and the National Conference of Bar Examiners starts the process to overhaul the entire test.
McDermott: Lake, St. Joseph judiciary bill raises questions
The undeniable truth is that there is a long legislative history in this nation of powerful majorities diminishing and silencing the voices of minorities. While I have no reason to believe the motive of the current judicial selection legislation for Lake and St. Joseph counties is racial, this law will undoubtedly have a disproportionally negative effect on citizens who happen to be racial minorities.