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.
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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.”
State lawmakers working to close loophole in online sales, hotel taxes
Indiana is one step closer to closing what lawmakers describe as a loophole in online sales and hotel tax collection.
Opinions April 3, 2019
Indiana Court of Appeals
Ismael Alicea v. Ronald Brown
18A-CT-2495
Civil tort. Reverses the grant of partial summary judgment in favor of Ronald Brown on Ismael Alicea’s claim for punitive damages. Finds Brown has not sustained his burden to affirmatively negate an element of Alicea’s punitive damages claim. Also finds the Porter Superior Court erred in granting partial summary judgment in favor of Brown on that claim. Remands for further proceedings.
AG Hill: Argument for ethics hearing panel ‘fatally flawed’
The briefing battle between Indiana Attorney General Curtis Hill and the Supreme Court Disciplinary Commission has continued this week, with Hill arguing in new court filings that the commission’s attempts to convince the Supreme Court to proceed with the case consist of bootstrapping, red herrings and fatal flaws.
COA reverses civil ruling for alleged drunken driver
The victim of an alleged drunken driving accident will have the opportunity to seek punitive damages after the Indiana Court of Appeals determined summary judgment for the allegedly drunken driver was not appropriate.
Howard County magistrate, other judicial aid bills advance
A bill requesting an additional magistrate judge to handle an increasing number of cases filed in Howard County was approved by the full Senate on Monday. That bill now joins several other counties’ similar requests for judicial help making their way to the governor’s desk.
Theft of public funds bill awaits Holcomb’s signature
Communities seeking restitution from public servants who personally profited from taxpayer dollars might have a new way to recoup stolen funds.
IU McKinney Dean Klein to step down in 2020
Andrew Klein, who has led the Indiana University Robert H. McKinney School of Law since July 2013, has announced he will be stepping down as dean in June of 2020. He confirmed his decision in a recent email to faculty members, saying he considered it a “privilege to work with each and every one of you.
Indiana Senate OKs expanded religious objection to abortion
The Indiana Senate has approved legislation allowing nurses, physician assistants and pharmacists to object on religious or other grounds to having any role in an abortion.
Indiana Senate OKs second-trimester abortion procedure ban
The Indiana Senate has approved legislation that would largely ban a common second-trimester abortion procedure — a proposal that if signed into law by Gov. Eric Holcomb faces a certain challenge in federal court.
Indiana Senate votes to send controversial hate crimes bill to governor
The Indiana Senate adopted the House’s version of a bias crimes bill Tuesday afternoon, sending the legislation to Gov. Eric Holcomb despite complaints from opponents who say the bill isn’t specific enough.
Opinions April 2, 2019
Indiana Supreme Court
Nathaniel Bennett v. State of Indiana
18S-CR-538
Criminal. Reverses the Marion Superior Court’s finding that Nathaniel Bennett violated a term of his community corrections placement. Finds the trial court made factual findings that negate one part of the statutory definition to prove the violation. Remands for the trial court to change the record accordingly. Justices Mark Massa and Geoffrey Slaughter dissent without separate opinion, believing transfer should have been denied.
COA upholds trial court’s denial of motion to waive juvenile murder delinquent to adult court
The Indiana Court of Appeals declined to reverse a trial court’s decision not to waive a juvenile murder case to adult court after it concluded there was sufficient evidence to support the decision.
Majority justices reverse probation violation for judge’s inconsistent statements
A probation violation will be removed from a convicted sex offender’s record after a divided Indiana Supreme Court determined a trial judge’s inconsistent statements meant there was insufficient evidence to support a finding of a probation violation.
Indiana Judicial Conference seeking comments on proposed changes to child support guidelines
Proposed revisions to Indiana’s Child Support Guidelines, which are used to make decisions about child support in all actions for child support including divorces, legal separations, paternity cases and Title IV-D proceedings, have been posted for public comment, with feedback requested by noon on May 17.