Supreme Court: Sotomayor recovering after shoulder surgery
The U.S. Supreme Court says Justice Sonia Sotomayor is “resting comfortably” after shoulder replacement surgery.
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Marion, Lake, Monroe prosecutors won’t defend abortion law
Three Indiana prosecutors in counties with Planned Parenthood facilities have announced they will not defend the state in a recently filed lawsuit challenging a 2018 abortion law.
Opinions May 2, 2018
Indiana Court of Appeals
Christopher Darring v. State of Indiana
49A02-1706-CR-1426
Criminal. Affirms the denial of Christopher Darring’s motion to suppress evidence obtained as the result of a search of his home. Finds probable cause existed for the issuance of the search warrant.
Rosenstein: Justice Department won’t be ‘extorted’ by Congress
Deputy Attorney General Rod Rosenstein on Tuesday lashed out at congressional Republican allies of President Donald Trump who have drafted articles of impeachment against him, saying the Justice Department won’t be extorted or give in to threats.
Trump lawyer working on Mueller probe to retire
White House lawyer Ty Cobb will retire at the end of the month, the White House said Wednesday, further shaking up President Donald Trump’s legal team as the president intensifies his attacks on special counsel Robert Mueller’s Russia investigation.
Federal court lets Indiana prisoners challenge DOC mail restrictions
Indiana Department of Correction inmates may challenge DOC directives that restrict their mail, a federal judge ruled, certifying a class action lawsuit against policies that called for the screening or seizure of greeting cards and other forms of mail.
Indiana lawsuit over Pledge of Allegiance dismissed
A federal judge in Terre Haute has dismissed a lawsuit that accused a western Indiana elementary school principal and a teacher of violating a student’s constitutional rights by forcing him to say the Pledge of Allegiance.
Gymnast sues USA Gymnastics, others over sex abuse
A former member of the U.S. national team on Tuesday became the latest gymnast to sue over sexual abuse by imprisoned former sports doctor Larry Nassar, alleging USA Gymnastics, the U.S. Olympic Committee and the husband-and-wife duo who coached America’s top female gymnasts for three decades failed to protect her and other athletes.
COA upholds admission of marijuana found in home
A multi-count drug trial against an Indianapolis man will continue with evidence obtained from a search of the man’s home after the Indiana Court of Appeals ruled there was probable cause to issue for a search warrant.
Indemnity under the Fair Housing Amendments Act
Thaddeus J. Schurter Indiana has recently witnessed an increase in the number of accessibility claims asserted under the Fair Housing Amendments Act (FHAA), an amendment to the Fair Housing Act aimed at ending discrimination against disabled individuals. Many of these claims are filed by “testers” who pose as potential residents to determine the extent of […]
DTCI: Young Lawyer Spotlight — Bailey Coultrap
This is an ongoing series introducing new DTCI attorneys to the wider legal community.
DTCI: Indemnity under the Fair Housing Amendments Act
Although the construction industry has long sought to allocate the risk of liability for Fair Housing Amendments Act claims to the parties best suited to minimize that risk, recent court decisions construing the FHAA call into question the enforceability of such provisions.
Attorney General argues reference to ISIS was not prosecutorial misconduct
Indiana Attorney General Curtis Hill is asking the Indiana Supreme Court to review a case involving two Middle Eastern immigrants and references to terrorism which raises both a question of prosecutorial misconduct and an issue of first impression.
Six remain in running for Court of Appeals
Three judges and three lawyers from northern Indiana remain in the running to succeed retiring Indiana Court of Appeals Judge Michael Barnes after the Judicial Nomination Commission narrowed the field by half Tuesday following its interviews with 12 applicants.
Justices to consider absentee juvenile adjudication that split COA
The Indiana Supreme Court will hear an appeal of a juvenile case in which a missing delinquent teen received another delinquency adjudication and was found to be in violation of probation after a court hearing where he was not present.
Opinions May 1, 2018
Indiana Supreme Court
Brandon McGrath v. State of Indiana
49S04-1710-CR-653
Criminal. Affirms the issuance of two search warrants of Brandon McGrath’s home that led to the discovery of an indoor marijuana operation. Finds that under the totality of the circumstances, probable cause supported both warrants.
Senior judges to serve as Noble County judges pro tem
Two senior judges will begin serving as Noble County judges pro tempore this month after the sitting circuit court judge announced he will be temporarily unavailable to perform his duties.
Justices to hear appeal of daughter disinherited from estate
The Indiana Supreme Court will hear an appeal from a Spencer County woman who claims she was disinherited by her stepmother from her father’s estate, from which her stepmom’s son later derived more than $3 million in mineral rights revenue from West Virginia properties he inherited.
Supreme Court upholds warrants that led to marijuana grow house
The Indiana Supreme Court has upheld the issuance of two search warrants that led to the discovery of an indoor marijuana operation and an Indianapolis man’s two drug felonies, finding an Indianapolis police detective provided a substantial basis to issue the warrants.
First round of Court of Appeals interviews complete
The Indiana Judicial Nominating Commission is now in the process of determining which of the 12 applicants who applied to fill a coming Indiana Court of Appeals vacancy will be asked to sit for a second round of interviews later this month.