Indiana Court Decisions: March 28-April 10, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Public defenders: ‘Pay now or pay later’
In the 2½ years since the Sixth Amendment Center released a report strongly condemning indigent criminal defense in Indiana, public defenders have pressed for reforms. Now, those efforts slowly are beginning to bear fruit as the Indiana General Assembly takes action on reform legislation.
In ‘FUCT’ fashion brand case, justices avoid saying word
The U.S. Supreme Court discussed a trademark case Monday involving Los Angeles-based fashion brand “FUCT.” But the justices did some verbal gymnastics to get through about an hour of arguments without saying the brand’s name.
‘Tweaks’ proposed to Indiana Child Support Guidelines
Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.
Elkhart man wins wage dispute, but judge awards just $35
A northern Indiana man who sought wages for lunch breaks he didn’t take has won his claim, although a judge awarded him just $35. Joe Lehman was seeking $3,543 he said Thor Industries’ Postle Aluminum division owed him for lunch breaks he didn’t take while working as a truck driver for about a year and a half, but an Elkhart County magistrate granted him a judgment of only $35, plus $125 in court costs.
Say what?: Trademark case tests ‘scandalous,’ ‘immoral’ standards
A First Amendment case just heard by the United States Supreme Court pits an anti-establishment brand — the four-letter acronym for Friends U Can't Trust — against federal prohibitions on trademarks that are “scandalous and immoral.”
At launch of 100th problem-solving court, judges hail results
As Indiana’s 100th problem-solving court begins operations in Pulaski County, jurists presiding over the 99 established courts praise the problem-solving initiative as an innovative approach to addressing personal and societal woes.
Porter, Lake County attorneys suspended for noncooperation
Two Hoosier attorneys from northwest Indiana have been suspended from the practice of law in the State of Indiana for noncooperation with disciplinary commission investigations of complaints against them.
‘Overbroad’ injunction against sales rep’s soliciting remanded
The Indiana Court of Appeals partially agreed with a medical components company and one of its employees after it concluded a trial court’s order restricting the vice president of sales from contacting clients from his previous employer was overbroad.
Indiana opposes injunction bid for proposed abortion clinic
Indiana is asking a federal judge to rule against a Texas-based nonprofit that wants to open a South Bend abortion clinic.
COA affirms denial in LaPorte farmland trust dispute
A successor trustee who argued his late uncle’s farmland should be converted to a supervised estate was rejected when an appellate panel found a trust agreement’s language — or lack thereof — failed to make the farmland property of the trust.
Former Carroll jurist certified as senior judge
The Indiana Judicial Nominating Commission has certified a new senior judge to serve in Indiana’s trial courts.
Motorists seek damages from Indiana due to I-69 potholes
Dozens of drivers have filed tort claims seeking money from the state of Indiana after their cars were damaged while driving on a 15-mile, pothole-riddled section of Interstate 69.
FBI: Noblesville 13-year-old youngest active shooter in 2018
A just-released FBI report says a 13-year-old boy who opened fire in a suburban Indianapolis classroom was the youngest suspect in 27 active shooter incidents in the U.S. last year.
Bill to compensate those wrongly incarcerated advances
A bill that would offer wrongly convicted Hoosiers compensation for their vacated prison sentences has made steps towards finality in the Indiana Statehouse.
Report: Lawyers’ pro bono activity increases in Indiana
Pro bono activity is increasing among Indiana attorneys, with more than half of all non-exempt lawyers licensed in the state contributing time, money or both, according to a report released Friday by the Indiana Supreme Court.
COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
Seriously injured truck driver’s suit against Celadon reinstated
A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.
Man gets 63 years for killing woman; 2nd murder trial awaits
A 37-year-old Indianapolis man has been sentenced to 63 years in prison for slaying of a woman who was stabbed more than 30 times and shot in her home on the east side of the city.
Man charged in school bomb threats facing sextortion charges
A California man charged with making online threats to bomb two suburban Indianapolis high schools is facing new federal charges involving alleged sextortion and intimidation.