Man gets 63 years in prison for deadly cellphone cord attack
A New Castle man has been sentenced to 63 years in prison for using a cellphone cord to choke an acquaintance who died about eight months after the attack.
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SCOTUS to hear arguments over citizenship question on census
The United States Supreme Court is set to hear arguments over the Trump administration’s plan to ask about citizenship on the 2020 census, a question that could affect how many seats states have in the House of Representatives and their share of federal dollars over the next 10 years.
Federal judge hears South Bend abortion clinic arguments
A federal judge Monday considered arguments stemming from a nonprofit’s lengthy legal battle to open an abortion clinic in South Bend, which was characterized by the judge as a potential legal stalemate that could be considered a “moving target.”
Video released of suspect in 2017 killings of Delphi girls
Authorities on Monday released video of a man suspected of killing two Delphi teenagers two years ago and urged the public to scrutinize the footage, which shows him walking on an abandoned railroad bridge the girls visited while out hiking the day they were slain. The Indiana State Police also released a new sketch of […]
Neighbors’ Right-to Farm Act constitutional challenge fails
A constitutional challenge to Indiana’s Right To Farm Act was tossed by the Indiana Court of Appeals, rejecting neighbors’ claims that an 8,000-hog concentrated animal feeding operation has deprived them of their long-vested property rights.
Opinions April 22, 2019
Indiana Court of Appeals
Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon, Susan M. Lannon v. Samuel Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock, LLC, and Co-Alliance, LLP and State of Indiana
18A-PL-645
Civil Plenary. Affirms Hendricks Superior Court’s grant of summary judgment in favor of Samuel T. Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock LLC, and Co-Alliance LLP. Rules the plaintiffs’ nuisance and repackaged negligence and trespass claims are barred by Indiana Code section 32-30-6-9, commonly known as the Right to Farm Act. Also finds the plaintiffs’ various claims that the RTFA is unconstitutional are unavailing.
Opinions April 22, 2019
Indiana Court of Appeals
Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon, Susan M. Lannon v. Samuel Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock, LLC, and Co-Alliance, LLP and State of Indiana
18A-PL-645
Civil Plenary. Affirms Hendricks Superior Court’s grant of summary judgment in favor of Samuel T. Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock LLC, and Co-Alliance LLP. Rules the plaintiffs’ nuisance and repackaged negligence and trespass claims are barred by Indiana Code section 32-30-6-9, commonly known as the Right to Farm Act. Also finds the plaintiffs’ various claims that the RTFA is unconstitutional are unavailing.
E-filing now available in Howard County courts
Electronic filing is now available in more than 40 civil and criminal case types in Howard circuit and superior courts. That leaves just three more counties scheduled to make the switch to e-filing this year.
Supreme Court to take up LGBT job discrimination cases
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.
Leading legal scholar to talk SCOTUS in Indianapolis
One of the nation’s foremost legal scholars will be featured in an upcoming discussion in Indianapolis exploring the current United States Supreme Court and its future. Dean Erwin Chemerinsky of the University of California Berkeley School of Law, formerly founding dean of the UC Irvine School of Law, will be the featured guest at an Indianapolis Bar Association event Monday, April 29, from 1:30 to 6 p.m.
Two Indiana law schools soar on ultimate bar passage rate
The 2016 graduates from two Indiana law schools have exceeded the national two-year bar passage rate of 88.57 percent, according to recently released data from the American Bar Association.
Brady joins Northern Indiana District Court
The U.S. District Court for the Northern District of Indiana welcomed its newest jurist Monday, with Holly Brady scheduled to have been sworn in at 11 a.m.
Trump, business organization sue Democratic House chairman
President Donald Trump and his business organization sued the Democratic chairman of the House oversight committee on Monday to block a subpoena that seeks years of the president’s financial records.
Animal cruelty penalties measure heads to Holcomb’s desk
People convicted of animal cruelty could face higher penalties under a bill that’s headed to Indiana Gov. Eric Holcomb’s desk.
Indiana murder suspect released on bond
A judge in northwest Indiana has granted bail to a 37-year-old man charged with murder after a police officer testified earlier this month that the fatal shooting was likely accidental.
Ruling striking law in homeless case mirrors Indianapolis debate
A California federal appeals court ruling that homeless individuals cannot be criminally charged for sleeping on public property reflected sentiments last fall that helped stop a proposed Indianapolis ordinance that barred people from sitting or lying on public property during certain hours.
Judge strikes down legislation that blocked Bloomington annexation
A judge has ruled that 2017 state legislation inserted into the budget bill that blocked Bloomington’s attempt to annex 9,500 acres of property is unconstitutional.
Opinions April 19, 2019
The following Indiana Tax Court opinion was posted Thursday after IL deadline.
Tell City Boatworks, Inc. v. Indiana Department of State Revenue
18T-TA-4
Tax. Denies Tell City Boatworks, Inc.’s motion to strike the report and exclude the testimony of John William Sullivan. Finds Tell City is unable to prove Sullivan’s report or testimony is inadmissible due to its “overall lack of relevancy and credibility.”
Hemp bill hits wall, faces scrutiny on flower language
A controversial amendment to legalize the sale and use of hemp flower in Indiana has contributed to the growing uncertainty of provisions in a bill meant to enable farmers to legally grow the country’s newly legal commodity crop.
Tax Court denies boat maker’s motion to strike investigatory report
A southern Indiana barge and water vessel manufacturer hit rough waters after the Indiana Tax Court denied its motion to strike an investigatory report and testimony presented in its income tax refund litigation.