State agencies

COA: Indiana death penalty protocol ‘void’

June 1, 2017
Dave Stafford
Indiana’s means of carrying out the death penalty through lethal injection “is void and without effect,” the Indiana Court of Appeals ruled Thursday, reversing a death row inmate’s challenge to the Indiana Department of Correction’s execution protocol.
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ACLU, solicitor general argue to justices over DCS caseloads

June 1, 2017
Olivia Covington
Opposing counsel and the justices of the Indiana Supreme Court were agreed on one issue during oral arguments Thursday in a case involving the Department of Child Services – family case managers are the “backbone” of the work DCS does for Hoosier children.
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COA affirms denial of educational credit time for inmate

May 23, 2017
Olivia Covington
The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.
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Duke Energy plans to close coal ash ponds in Indiana

May 17, 2017
 Associated Press
Duke Energy is planning to close coal ash ponds in Indiana because of new federal environmental regulations.
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Supreme Court hears INDOT case during Rucker’s final oral arguments

May 2, 2017
Olivia Covington
In his last oral arguments on the bench of the Indiana Supreme Court, Justice Robert Rucker and three other justices considered the public standing doctrine and the concept of parens patriae as they weighed granting transfer to a case involving a dispute between a state agency and a local municipality.
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COA upholds electric utility’s rate hike

April 19, 2017
Marilyn Odendahl
Finding substantial evidence supporting a regulatory body’s ruling, the Indiana Court of Appeals denied an attempt by Citizens Action Coalition of Indiana to overturn approval for a utility rate hike.
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Vaping law loses again as rejected firm gets license

April 10, 2017
Dave Stafford
A company that sued over Indiana’s unconstitutional vaping and e-cigarette licensing law will get an Indiana permit to manufacture e-liquids, and taxpayers will pick up the company’s legal fees for its trouble, a judge ordered Monday.
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Indiana agency OKs $2M to secure, demolish East Chicago site

March 24, 2017
 Associated Press
An Indiana agency has approved $2 million to secure and demolish a public housing complex in East Chicago that residents must vacate because of soil contaminated with lead and arsenic.
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Corrections health firm to lay off nearly 700 Indiana employees

March 7, 2017
Mason King
The health care provider for the Indiana Department of Corrections has lost its contract with the state and plans to lay off nearly 700 employees by the end of the month.
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Indiana agency rejects resident's 'atheist' license plate

March 2, 2017
 Associated Press
The Indiana Bureau of Motor Vehicles has denied a Goshen man's request to have a personalized plate that read "atheist."
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Acupuncture clinic fails to prove point before COA

February 24, 2017
Jennifer Nelson
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
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Supreme Court hears Spirited Sales liquor wholesaling case

February 23, 2017
Olivia Covington
The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.
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Tax Court grants partial reimbursement on discovery enforcement motions

February 16, 2017
Olivia Covington
The Indiana Tax Court has awarded reimbursement fees to both the University of Phoenix Inc. and the Indiana Department of State Revenue after finding that the two entities were entitled to reimbursement on some, though not all, of the discovery enforcement motions filed in their litigation.
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Lawyers who sought to destroy stored newborn samples vow to keep up fight

February 8, 2017
Dave Stafford
The Indiana State Department of Health says it holds 2.2 million records on paper and in database regarding the newborn blood samples.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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COA: Trial court lacked jurisdiction to order BMV to act

January 23, 2017
Olivia Covington
The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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Indiana health commissioner: Needle exchanges a success

January 12, 2017
 Associated Press
Indiana's health commissioner told lawmakers needle exchanges were effective in combating the state's worst-ever HIV outbreak.
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COA upholds dismissal of fired DOT employee’s untimely petition for review

December 29, 2016
Jennifer Nelson
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
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Critics decry Pence team for letting state fair stage collapse rule expire

December 28, 2016
Hayleigh Colombo, IBJ Staff
The Pence administration has let expire the emergency rule put in place after the 2011 Indiana State Fair stage collapse that left seven people dead and dozens injured.
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COA: Case for relief against INDOT may continue

December 16, 2016
Olivia Covington
The Indiana Court of Appeals allowed a local government entity to continue seeking relief against the Indiana Department of Transportation Friday, holding that the local unit of government had standing to seek both injunctive and declaratory relief.
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COA affirms dismissal of case due to res judicata

December 2, 2016
Olivia Covington
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
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High court takes alcohol wholesaler case

November 28, 2016
Olivia Covington
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
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Tax Court allows University of Phoenix to depose former revenue commissioner

November 28, 2016
Olivia Covington
The University of Phoenix Inc. can depose the former commissioner of the Indiana Department of State Revenue in a case related to the school’s income taxes after the Indiana Tax Court found that the former commissioner did not warrant a protective order to prevent him from testifying.
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COA panel takes oral arguments to Notre Dame

November 1, 2016
IL Staff
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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