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Judge blocks Indiana law banning second-trimester abortion procedure

A federal judge late Friday issued an injunction blocking a new Indiana law from taking effect that would have prohibited the most common procedure used to perform second-trimester abortions. Senior Judge Sarah Evans Barker’s 53-page order blocks enactment of House Enrolled Act 1211, which she noted banned “an abortion procedure known to medicine as ‘dilation and evacuation’… and referred to by its political opponents as ‘dismemberment abortion.’” 

Opinions June 28, 2019

The following opinions were posted after IL deadline Thursday.
7th Circuit Court of Appeals
Division Six Sports, Inc. v. Finish Line, Incorporated
19-1070
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Sarah Evans Barker.
Civil. Affirms the Southern District Court’s dismissal of an alleged breach of contract case between Division Six Sports, Inc. and The Finish Line, Inc. for failure to state claim, holding the contract was not in force at the time of the alleged breach. Finds the agreement and its amendments are not ambiguous and the plain language did not provide for any extension after the end of 2013. Finds the district court properly dismissed the action.

Judicial Qualifications Commission moves to suspend judge charged in Indianapolis shooting

The Indiana Commission on Judicial Qualifications has filed a motion to suspend Clark Circuit Judge Andrew Adams with pay following his Friday indictment on charges related to a downtown Indianapolis shooting he was involved in earlier this year. The commission filed a Notice of Criminal Charges and Request for Suspension seeking Adams’ suspension immediately upon learning of the felony indictment.

Gambler dad not in contempt over horse saddle dispute

A father ordered to purchase a horse for his daughter in a paternity order cannot be held in contempt for failing to first buy a saddle if he wasn’t held in contempt for failing to buy the horse, an appellate court held Friday.

Clark County Judge Adams indicted as result of May 1 shooting

Clark Circuit Judge Andrew Adams has been indicted on seven counts and is facing suspension from the practice of law as a result of the May 1 early morning shooting in downtown Indianapolis that left him and Clark Circuit Judge Bradley Jacobs severely injured.

Majority of Indiana justices rule for NIPSCO in rate fight

Asserting in a 3-2 decision that allowing a group of angry industrial ratepayers to prevail could cause the lights to go out and the furnace to switch off, a split Indiana Supreme Court has upheld a utility’s petition to raise customers’ electric bills. The NIPSCO Industrial Group had challenged Northern Indiana Public Service Co.’s second […]

Applications being taken for PACER review committee

The federal judiciary is seeking members for the new Electronic Public Access (EPA) Public User Group, which is being formed to provide advice and feedback on the court’s Public Access to Court Electronic Records (PACER) system. Up to 12 individuals will be selected from the legal sector, media, academia, government agencies, the public and other entities that use PACER to serve for two years on the group.

Divided Supreme Court upholds civil forfeiture reimbursement of law enforcement

The practice of diverting civil forfeiture proceeds away from the Common School Fund to reimburse law enforcement costs is constitutional under Article 8, Section 2 of the Indiana Constitution, the Indiana Supreme Court has ruled, answering the longstanding question of whether the constitution requires all forfeiture proceeds to go to the Common School Fund.

Opinions June 27, 2019

Indiana Supreme Court
Michael Hodges v. State of Indiana
19S-MI-117
Miscellaneous. Affirms the turnover of cash seized from a parcel shipped by Michael Hodges and intercepted by an interdiction officer. Finds the totality of the circumstances established the necessary probable cause to believe the money was proceeds of drug trafficking.

Justices: Principal office, not agent location, determines venue

A divided Indiana Supreme Court has determined that an organization’s principal office, not the location of its registered agent, is the appropriate preferred venue. The ruling in similar consolidated medical malpractice cases affirms one trial court and reverses another.

Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases

In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.