Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Jordan Morey
Articles
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
Man charged with 41 felonies loses bond reduction appeal
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Abortion restrictions likely coming to Indiana if draft opinion is published
Since the leak earlier this month of a draft opinion indicating Roe v. Wade and Planned Parenthood v. Casey will be overturned, U.S. Senate Democrats have failed to codify the right to an abortion. Meanwhile, Republican-led states including Indiana have indicated they are prepared to tighten restrictions once the opinion is published this summer.
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
ACLU files lawsuit over trans sports ban minutes after lawmakers override veto
Minutes after the Indiana Republican supermajority Legislature overrode Gov. Eric Holcomb’s veto of the bill restricting transgender girls from participating in girls’ youth sports, the American Civil Liberties Union of Indiana filed a lawsuit in federal court challenging HEA 1041.
COA: Statement of dead man properly admitted as evidence
A northern Indiana man’s constitutional rights weren’t violated when a trial court admitted a statement from a dead witness into evidence, the Court of Appeals of Indiana has ruled.
7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’
A northern Indiana woman who applied for Social Security disability benefits shortly after from graduating high school did not convince the 7th Circuit Court of Appeals that an administrative law judge erred in denying her claim.
Lawsuit alleges Clay Co. misappropriating funds from ICE, detention contract should be terminated due to poor conditions
Calling the agreement to hold U.S. Immigration and Customs Enforcement detainees at the local jail a “cash cow,” a federal lawsuit alleges Clay County officials are unlawfully diverting funds required to care for ICE detainees to unrelated county expenses.
Justices: Burglar who armed himself after entering residence committed Level 2 felony
The Indiana Supreme Court has concluded that a man who stole a handgun from a partially-paralyzed victim during a burglary and threatened him with it should have his felony conviction enhanced even though he didn’t possess the firearm when he entered the victim’s home.
Indiana prisoner barred from filing in Northern District due to fraudulent conduct
The 7th Circuit Court of Appeals has ruled the U.S. District Court for the Northern District of Indiana didn’t err when it dismissed two lawsuits with prejudice and imposed a two-year filing bar on an inmate who knowingly submitted a fraudulent grievance form.
Crawford Co. judge Bell arrested for allegedly battering ex-husband in front of kids, suspended with pay
An embattled southern Indiana judge involved in a 2019 brawl-turned-shooting in Indianapolis was arrested Thursday on a felony charge for allegedly hitting her ex-husband in front of their children and has been suspended from the bench.
7th Circuit denies convicted murderer’s habeas petition after admission of absent witness’s prior testimony
A man convicted of murdering his drug dealer more than a decade ago has again been denied habeas relief after the 7th Circuit Court of Appeals affirmed that the admission of prior testimony from an absent, but key, witness wasn’t done in error.
New law expands victim compensation program
House Enrolled Act 1292, authored by Rep. Sharon Negele, R-Attica, and signed by Gov. Eric Holcomb on March 11, aims to provide better relief to victims of violent crime. Starting July 1, HEA 1292 will modify the laws concerning compensation to victims of violent crimes in Indiana, expanding the list of eligible expenses for compensation and the definition of a claimant.
IMPD officers ordered to pay $1.2M to estate of man fatally shot in 2018
Two Indianapolis Metropolitan Police Department officers will pay a combined $1.2 million to the estate of a man who was shot and killed in his home after a jury determined unreasonable force was used by the officers.
Cooper settles for record $7.5M with Elkhart for wrongful conviction
A former Elkhart resident who spent almost a decade in prison for a crime he didn’t commit will receive the largest wrongful conviction settlement in Indiana history.
The Bail Project sues state over constitutionality of law limiting charitable bailouts
Charitable bail organization The Bail Project has filed a complaint in federal court alleging a new Indiana law restricting whom it can bail out of jail infringes on its constitutional rights.
IN Supreme Court: Father’s substantive rights not violated in OWI case involving minor child
A father who was convicted of driving under the influence while his young daughter was in the car will not have his sentence reversed by the Indiana Supreme Court on allocution violation grounds.
COA upholds admission of subsequent bad acts in domestic violence case
A trial court didn’t abuse its discretion when it admitted evidence of subsequent bad acts committed by a Fort Wayne man who continued to abuse his girlfriend after his arrest, the Court of Appeals of Indiana has ruled.
Denial of motion to set aside default judgment was error, COA rules
A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.