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.
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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.
Request for study of court costs receives initial Senate approval
Questions regarding certain Indiana court costs might be addressed this summer if a study committee is approved to look into the issue in the coming months. Senate Resolution 52 requests that the Legislative Council assign the topics of court costs for indigent individuals and the look-back period for prior unrelated convictions in Indiana's criminal code to a summer study committee.
Civil remedy revenge porn bill passes House
Hoosiers hurting from the aftermath of a revenge porn incident are closer to gaining some relief from their perpetrators now that a bill that would offer them civil remedies has passed both chambers of the Indiana General Assembly. Measures that would make committing revenge porn a crime, however, look less likely to succeed.
COA hears arguments in teacher defamation suit against Elkhart newspaper
An Indiana Court of Appeals panel was asked to consider whether a reporter’s use of the word “incompetent” to describe a former Elkhart teacher’s termination was defamatory language – and ultimately whether a newspaper had the right to publish a story using the contested word.
Terre Haute inmate awarded damages for excessive force
An inmate at the Federal Correctional Complex in Terre Haute was awarded $2,000 in damages after he won his excessive force lawsuit, with the Southern Indiana District Court finding the “lack of institutional evidence of the incident was exacerbated by the (Bureau of Prisons’) treatment of (the inmate’s) sensitive grievance.”
2 death row inmates make similar requests, get different results
Death row inmates Patrick Murphy and Domineque Ray each turned to courts recently with pleas to stop their executions if their desired spiritual advisers couldn't accompany them into the execution chamber. The Supreme Court allowed Ray’s execution to go forward, but gave Murphy a temporary reprieve Thursday night.
IndyBar: Bearing the Burden of Reasoned Argument
Once armed with the facts, the lawyer may then apply the rules to the facts. Whether ultimately successful or not, a well-reasoned application of the law to the proper set of facts is one of the most satisfying efforts in our profession.