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ACLU, PPINK expect Indiana to keep passing abortion laws

Speaking at a press conference about Thursday’s federal court order stopping another abortion law passed by the Indiana Legislature, ACLU of Indiana legal director Ken Falk noted this is not the first time the Statehouse has passed a bill attempting to limit abortions. 

Opinions June 29, 2018

Indiana Court of Appeals
Terrance E. Chmiel v. US Bank National Association
75A05-1708-PL-1979
Civil plenary. Reverses grant of summary judgment in favor of US Bank National Association on Terrance E. Chmiel’s quiet title proceeding. Finds the trial court erred and holds that Chmiel’s quiet title action was not barred by the statute of limitations. Finds genuine issues of material fact remain regarding whether: the doctrine of laches bars his claim; the 2005 deed was valid; and U.S. Bank was a bona fide mortgagee. Finds the trial court erred in granting summary judgment. Remands for proceedings.

Habitual enhancement not concurrent sentence, COA holds

A habitual vehicular substance offender enhancement may not be imposed as a concurrent sentence, the Indiana Court of Appeals held Friday, sending a case in which that had been done back to the trial court.

COA affirms consecutive sentence for separate crimes

A man will have to serve his seven-year sentence for domestic battery after the Indiana Court of Appeals ruled a consecutive sentence could be imposed for separate crimes that arise from a single incident.

Discipline file: Knox County judge tossed friend’s case

Knox Superior Court 2 Judge Ryan D. Johanningsmeier faces judicial discipline proceedings after he reinstated a close friend’s suspended driver’s license and allegedly suggested a deputy prosecutor dismiss the case.

Taft law firm hit with complaint for alleged Ohio conflict

Following its investigation into an allegation of sexual misconduct by a powerful Ohio state legislator, Taft Stettinius & Hollister LLP is now the subject of a grievance filed with the Ohio Supreme Court for failing to disclose that the legislator had previously worked for the law firm for more than 30 years until 2014.

For third straight year, judge blocks an Indiana abortion restriction

Following a familiar pattern of recent years, a federal judge Thursday halted an abortion restriction passed by the Indiana General Assembly just days before the law was to take effect. Marion County Prosecutor Terry Curry on Thursday in essence said he and others tried to warn the state.

Opinions June 28, 2018

The following Indiana Supreme Court opinions were posted after IL deadline on Wednesday.
State of Indiana v. John B. Larkin
46S04-1711-CR-701
Criminal. Reverses the LaPorte Circuit Court’s dismissal of John Larkin’s charge of voluntary manslaughter. Finds that an outright dismissal of Larkin’s charges is an extreme remedy and inappropriate to the case. Finds the trial court abused its discretion in not applying State v. Taylor, 49 N.E.3d 1019. Remands to the trial court to weigh each piece of evidence to determine whether it was tainted by the State’s misconduct. Orders that the trial court, at its discretion, to either hold a hearing for the State to rebut the presumption of prejudice for any tainted evidence, or proceed to trial to attempt to meet its burden through offers of proof outside the presence of the jury.

Indiana nominees Brady, Hanlon join others awaiting confirmation

After receiving approval Thursday from the U.S. Senate Committee on the Judiciary, the pair of nominees to Indiana’s two district courts are now advancing to the floor of Senate, but when they will be called for a confirmation vote is uncertain.

COA: No error in admitting cell phone records, testimony

A man convicted of dealing narcotics and methamphetamine argued that evidence admitted from his cell phone and the opinion of a drug force detective were inadmissible, but the Indiana Court of Appeals rejected those claims Thursday.

COA: Lease damages not chargeable to tenant

A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.

Federal judge blocks latest Indiana abortion law

A federal judge on Thursday blocked an Indiana abortion law that was set to take effect July 1 that would have required the reporting of complications arising from abortions to the state.

Justices send Hamilton County utility rate case back to COA

The Indiana Court of Appeals erred in determining that state utility regulators acted arbitrarily in excluding a Hamilton County sewer utility’s contractor expenses in reviewing a rate case, the Indiana Supreme Court determined Wednesday, sending the case back to the COA.