Indiana Court Decisions – June 18-30, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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IndyBar: USPTO News: Expedited Review of Qualifying Pandemic-Related Trademark Applications
As of June 16, 2020, the United States Patent and Trademark Office (USPTO) has implemented a new examination program to expedite trademark applications related to COVID-19 in light of the current economic circumstances caused by the global pandemic.
IndyBar: Indiana Recording Law Change Effective July 1
As of July 1, 2020, all instruments which are to be recorded in the State of Indiana (deeds, mortgages, etc.) will need to comply with a modification to Indiana Code 32-21-2-3(a). Specifically, the Indiana General Assembly passed Senate Enrolled Act 340 during its 2020 session, which included a provision changing an “or” to an “and” in Indiana Code 32-21-2-3(a). The change invoked a requirement of common law “proof”, which is the requirement of a disinterested party to the transaction serving as a witness to the execution of an instrument.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
IndyBar President’s Column: A Salute to Dean Klein
Dean Andrew Klein routinely tells us that he isn’t going anywhere after his one-year sabbatical. He intends to return to the classroom at IU McKinney. Law students will be better off for it. He intends to continue to support the IndyBar and the IBF and, in turn, the Indianapolis legal community. Our profession will be better off for it.
IndyBar: Practical Tips to Bolster Your Legal Hold Notice
The IndyBar E-Discovery, Cybersecurity and Information Governance Section leaders Jennifer Tudor Wright and Katrina Gossett Kelly recently presented another successful and informative CLE entitled “Practical Tips to Bolster your Legal Hold Notice.” Jennifer and Katrina drew on their e-discovery experience and reviewed key elements of a legal hold notice, case law updates, confidentiality/privilege issues and additional considerations for attorneys and their clients.
7th Circuit: Caseworker didn’t retaliate against prisoner
An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.
7th Circuit affirms drug conspiracy conviction
A man convicted in a drug conspiracy could not convince the 7th Circuit Court of Appeals that he pleaded guilty to a lesser amount than what the government indicted him for.
COA affirms godmother’s conviction for assisting teen after murder
The Indiana Court of Appeals has affirmed a northern Indiana woman’s felony conviction for assisting her godson after he murdered his teenage girlfriend, finding she did so with the intent to hinder his punishment.
Justices reduce meth dealing sentence in split opinion
A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).
Supreme Court upholds cellphone robocall ban
The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones. Six justices agreed that by allowing debt collection calls to cellphones, Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment.”
Police say Muncie man had fake gun when killed by officers
Muncie police officers fatally shot a man who pointed a BB gun resembling a handgun at them, Indiana State Police said. The confrontation happened about 2 a.m. Sunday after the officers responded to a call to check on a possibly suicidal man on the city’s south side.
Indiana GOP AG candidates speak out before ballots come in
Indiana’s Republican delegates are casting ballots as the time nears to select who will run for state attorney general in November.
Protesters back Carmel pastor who called activists maggots
Supporters of an Indiana minister who was suspended for calling organizers of the Black Lives Matter movement “maggots and parasites” walked out of a service and shouted at a bishop who ended his remarks with the words, “Black lives matter.”
Muncie woman pleads guilty in death of 3-month-old daughter
A central Indiana woman pleaded guilty Monday in the death of her 3-month-old daughter who had broken bones and burns and didn’t get medical care.
Indiana officials investigate report of assault on Black man
A Black man says a group of white men assaulted him and threatened to “get a noose” after claiming that he and his friends had trespassed on private property as they gathered at an Indiana lake over the Fourth of July weekend.
Southern Indiana District included in request for more judges
The Judicial Conference of the United States is again pleading with Congress to add 65 new judgeships in 24 district courts across the country, including two permanent new judges in the Southern Indiana District Court.
Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Appeals court corrects factual error but otherwise denies inmates’ rehearing request
An appellate panel has granted a man’s petition for rehearing, but only to correct a factual error it made in its original decision in his case.
Terre Haute firm loses fees appeal against former Illinois Congressman
A Terre Haute law firm is owed no additional money from one of its former clients, the Indiana Court of Appeals ruled Monday in an attorney fees lawsuit involving former Illinois Congressman Aaron Schock and his campaign committee.