COA to hear denied public records request in case of woman’s death
The Indiana Court of Appeals will travel to Evansville on Monday to hear arguments in a case involving the denial of a man’s request for access to public records.
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Opinions April 5, 2019
7th Circuit Court of Appeals
Stephen West v. Charter Communications, Inc.
18-1906
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Richard Young.
Civil. Dismisses Stephen West’s appeal of the partial dismissal of his claim against Charter Communications, Inc. for lack of appellate jurisdiction. Finds the conditional dismissal of West’s claims against Louisville Gas and Electric Company renders the judgment non-final.
Complaint for repayment on promissory note time-barred, COA says
The Indiana Court of Appeals on Friday reversed in part a judgment in favor of man who filed for repayment on a defaulted promissory note, finding his complaint against the purchaser was filed after the statute of limitations passed.
Reversal: COA orders return of once-‘dangerous’ man’s 51 guns
After more than six years of being considered statutorily “dangerous” and unfit to possess firearms, a man whose 51 guns were taken from him by the state for his bizarre behavior will have them returned to his care.
7th Circuit dismisses fiberoptic trespass case over non-final judgment
Lack of jurisdiction prompted the 7th Circuit Court of Appeals’ dismissal of an Indiana man’s claims against a utility company Thursday, after it concluded the conditional dismissal of his claims against the company rendered the judgment non-final.
Wisconsin drops support of Indiana’s abortion law
Wisconsin has withdrawn its support of Indiana’s petition asking the U.S. Supreme Court to uphold the Hoosier law that places more restrictions on a woman’s right to obtain an abortion.
Man gets 29 years for post office pipe bomb addressed to lawyer
A man has been sentenced to 29 years in prison for sending a pipe bomb addressed to an attorney that exploded at a northwestern Indiana post office, injuring a worker.
Lawyer charged with defrauding elderly pleads guilty
A former South Bend lawyer who was charged with scamming elderly investors has pleaded guilty to some charges in the case.
AG Barr defends handling of Mueller’s Russia report
Attorney General William Barr on Thursday defended his handling of special counsel Robert Mueller’s report on the Russia investigation, saying the confidential document contains sensitive grand jury material that prevented it from being immediately released to the public.
Indiana Republicans push for moratorium on new power plants
In a sudden legislative move that is raising alarms for utilities and environmentalists alike, Indiana Republicans want to put a moratorium on new, large power plants just as several large electrical providers are gearing up to retire aging coal-fired generating units and replace them with renewable energy and natural gas.
Opinions April 4, 2019
Indiana Court of Appeals
Sidney A. Berry v. State of Indiana
18A-CR-1769
Criminal. Affirms the denial of Sidney Berry’s motion to suppress evidence. Finds Detective Marc Deshaies had sufficient basis under both the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution to perform a safety pat-down of Berry.
Gun bill to close gap in ‘red flag law’ passes Senate committee
A bill that would allow Indiana law enforcement to prevent people who are deemed dangerous from purchasing a firearm pursuant to the state’s “red flag law” passed after an hours-long committee hearing Wednesday.
COA upholds UIM benefits less than liability coverage
The Indiana Court of Appeals affirmed a grant of judgment to an insurance company despite a man’s contentions of error in allowing the policy’s coverage of underinsured motorist benefits to be less than its underlying liability coverage.
Second man’s murder conviction upheld in tax preparer killing
Convictions and a decades-long sentence for a man who helped his father murder and rob an Indianapolis tax preparer were affirmed Thursday by the Indiana Court of Appeals.
Emmert: Court ruling reinforces NCAA athletes not employees
Indianapolis-based NCAA President Mark Emmert says a judge’s recent ruling in a federal antitrust lawsuit again reinforced that college athletes should be treated as students not employees.
COA rules weapons search that revealed drugs constitutional
An Allen County drug possession trial will proceed with evidence obtained from a pat-down search after the Indiana Court of Appeals determined the search was constitutional.
Northern District Bankruptcy Court to transition to NextGen CM/ECF
In a few short months, the U.S. Bankruptcy Court for the Northern District of Indiana will upgrade its current case management and electronic filing system to the next generation of CM/ECF.
Same-sex birth certificate case stalls at 7th Circuit, putting families in limbo
Both Jackie Phillips-Stackman and her wife, Lisa, carry copies of their daughter’s birth certificate with them wherever they go as they wait for the 7th Circuit Court of Appeals to issue an opinion that they fear could upend their family.
Person shot, wounded by SWAT team serving warrant
Authorities say a person has been shot and wounded after firing a gun at a SWAT team that was trying to serve a felony warrant in west central Indiana.
Holcomb signs hate crimes measure into law
Indiana Gov. Eric Holcomb signed legislation Wednesday aimed at getting Indiana off a list of five states without a hate crimes law, saying that the state has “made progress and taken a strong stand against targeted violence.”