Indiana Lawyer

The following opinions were posted after Indiana Lawyer's deadline Thursday: th Circuit Court of Appeals Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms the district court's denial in per curiam of Clarence Bonds' motion for a sentence reduction of his 71-month sentence for transporting a firearm in interstate commerce as a felon based on Amendment 821 to the U.S. Sentencing Guidelines. Finds no abuse of discretion. Also finds the court is divided on the question of whether § 3006A permits a court to appoint counsel at public expense— whether in an individual case or through a general order—for defendants like Bonds who are seeking a reduction of their sentences under 18 U.S.C. § 3582. Judges John Lee, David Hamilton and Michael Scudder Jr. concur with separate opinions. Attorneys for appellant: Thomas Patton, Office of the Federal Public Defender, Peoria, Colleen McNichols Ramais, Office of the Federal Public Defender, Urbana. Attorney for appellee: David Hollar, Office of the United States Attorney, Hammond.

The Indiana Court of Appeals will head to Muncie on Dec. 2 to hear arguments about whether a trial court had sufficient evidence to convict a Boone County woman of resisting law enforcement.

Monday opinions Indiana Court of Appeals 24A-PL-450 Civil plenary. Affirms Marion Superior Court Judge Heather Welch's denial of the RevOne Companies' motion for preliminary injunction against a former employee, Jennifer Taylor, from working for a competitor based on several non-competition agreements Taylor executed during her employment. Finds that where an at-will employee signs a non-competition agreement as a condition of their hiring and is later told to sign a new non-competition agreement or they will be fired, the employee's continued employment can serve as consideration for the latter agreement. Also finds RevOne failed to demonstrate that Taylor took or threatened to take their confidential information. Finally, finds the trial court did not err in concluding that RevOne failed to show a reasonable likelihood of success on their claim that Taylor breached the non-disclosure provision. Attorneys for appellants: Sean White, Ian Keeler. Attorneys for appellees: Daniel Burke, Ryan Hurley, Brian Paul, Elizabeth Charles.

The outcome of the case is expected to impact laws in Indiana and several other states that require pornography websites to verify the age of its users to prevent minors under age 18 from accessing the material.

The RevOne Companies failed to show a former employee had breached a non-compete agreement or disclosed any of the company's confidential and proprietary information after going to work for a competitor, the Indiana Court of Appeals ruled.

CYBER WEEK SPECIAL 50% OFF a subscription to Indiana Lawyer. New subscribers only. Expires December 9, 2024 at midnight. CYBER WEEK SPECIAL DISCOUNT Annual Subscription $8995 $4497 For 26 Issues Save 5% when you auto-renew Preset to auto-renew each year Select LIMITED TIME OFFER Goes live Dec. 2, 2024! Check back soon or sign up for alerts below.Your […]

While Union Health withdrew its application to acquire Terre Haute Regional Hospital, the health system said Monday the two parties will continue to work toward completing the deal, though an estimated timeline was not given.

The Indiana Supreme Court will hear oral arguments in December for a case involving an Indianapolis attorney's public records request that had been denied by the Indiana Family & Social Services Administration.

Indiana Court of Appeals 24A-JV-1326 Juvenile. Reverses the Vanderburgh Superior Court juvenile court's order that granted A.F.'s wardship to the Indiana Department of Correction. Judge Gary Schutte and Magistrate Renee Ferguson presided in the case. Finds that the juvenile court abused its discretion when it granted A.F.'s wardship to the Department of Correction without ordering or considering a statutorily required predispositional report. Remands with instructions for the juvenile court to order the preparation of a predispositional report and to consider that report when redetermining A.F.'s disposition. Attorney for appellant: John Worman. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kathy Bradley.

The Marion Superior Court has ordered the Marion County Prosecutor's Office to return money it seized earlier this year at the Indianapolis FedEx Hub to a California-based family jewelry business.