ACLU report finds alarming rights abuses by law enforcement, judges
Getting into debt is easy, but people who fall behind in payments can find themselves fending off aggressive debt collectors, acquiescing courts and even incarceration.
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Jail chemical addiction programs show promise, but few are offered
Boone County is one of fewer than half a dozen counties in the state with a jail chemical addiction program. The program is voluntary and completely funded by court fees.
Opinions March 5, 2018
Indiana Court of Appeals
Q. D.-A., Inc. v. Indiana Department of Workforce Development
93A02-1703-EX-556
Agency. Reverses a Liability Administrative Law Judge’s determination that a claimant was an employee of A.D.-A., Inc. rather than an independent contractor, making Q.D.-A. liable to the state for unemployment insurance taxes. Finds the LALJ’s determination that claimant was not free from the company’s control and direction was contrary to the substantial evidence. Also finds the LALJ’s determination that the claimant performed services that are within with company’s usual course of business was contrary to the substantial evidence. Finally, finds the claimant was customarily engaged in an independently established trade, occupation, profession or business of transporting commodities. Judge Melissa May dissents with separate opinion.
Divided COA reverses unemployment tax ruling
An Indiana business will not have to pay unemployment insurance taxes on wages paid to an independent contractor after a divided panel of the Indiana Court of Appeals found the contractor was not statutorily considered the business’ “employee.”
IU McKinney seeks applicants for summer academy
Applications are available for the third annual Summer Law and Leadership Academy at the Indiana University Robert H. McKinney School of Law. The academy is a one-week law school immersion experience for undergraduate students who are considering law school, offering an inside look at life in law school and opportunities for law school graduates.
Appellate court remands for amended Abstract of Judgment
An Indiana trial court must enter an amended Abstract of Judgment for an offender recommended for the Indiana Department of Correction’s Purposeful Incarceration program after the Indiana Court of Appeals determined the initial order did not explicitly allow for a sentence modification.
COA: PCR records can be expunged
The Indiana Court of Appeals has overturned the denial of a man’s request for expungement of his post-conviction relief proceedings after determining the Allen Superior Court erred in finding PCR records are not covered by Indiana’s expungement statutes.
Sunday carryout alcohol sales begin at Indiana stores
People streamed into grocery and liquor stores across Indiana on Sunday as they were able to buy carryout alcohol for the first time.
Lawmakers backpedal on gun bills in wake of mass shooting
Republican leaders in the Indiana Legislature are backpedaling on gun rights legislation in the wake of the school shooting in Parkland, Florida — killing two measures that would have loosened firearm restrictions.
Indiana man acquitted of shooting 2 near Illinois nightclub
Jurors have acquitted an Indianapolis man who was charged with killing one man and wounding another outside a nightclub in the eastern Illinois city of Danville nearly four years ago.
New drug treatment unit set for eastern Indiana hospital
A 22-bed locked, drug addiction-treatment unit is expected to open in the coming weeks at the Richmond State Hospital in eastern Indiana.
AP source: Ex-FBI No. 2 to be criticized in watchdog report
The Justice Department’s inspector general is expected to criticize former FBI Deputy Director Andrew McCabe as part of its investigation into the bureau’s handling of the Hillary Clinton email probe, a person familiar with the matter said Thursday night.
Divided 7th Circuit upholds dismissal of transgender man’s name-change suit
A Mexican native with asylum in the United States cannot continue with his suit against various Indiana officials challenging the citizenship requirement in Indiana’s name-change statute after a divided panel of the 7th Circuit Court of Appeals found he lacked standing to bring his case.
Opinions March 2, 2018
7th Circuit Court of Appeals
John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al.
17-1756
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson. Affirms the dismissal of John Doe’s case alleging the citizenship requirement in Indiana’s name-change statute is unconstitutional. Finds the 11th Amendment bars Doe’s claims. Chief Judge Diane Wood dissents with separate opinion.
Appellate court rejects constitutional challenge to synthetic drug lookalike statutes
The Indiana Court of Appeals has struck down a constitutional challenge to the state’s synthetic drug lookalike statutes, finding the statutes cannot be considered void as applied to a Tippecanoe County drug case.
COA upholds 2016 murder conviction
A man convicted in the 2016 murder of his ex-girlfriend’s husband has lost his appeal before the Indiana Court of Appeals, which found the trial court did not err in excluding proffered evidence the man sought to admit supporting his self-defense claim.
E-filing begins in Fishers City Court
The Fishers City Court has become the most recent to implement electronic filing as the Indiana Supreme Court nears the end of its push to roll out e-filing across the state.
Pryor joins Southern District as magistrate judge
A new magistrate judge has begun her duties in the U.S. District Court for the Southern District of Indiana, filling a vacancy created by the August death of Magistrate Judge Denise K. LaRue.
Man on the lam for 3 decades recaptured after crash glitch
An inmate who walked away from a southern Indiana prison more than 30 years ago is back in custody after being injured in a central Indiana car crash.
Olympic star Raisman files suit against USOC, USA Gymnastics
Aly Raisman spent months urging the U.S. Olympic Committee and USA Gymnastics to get serious about taking a long hard look into how Larry Nassar’s abusive conduct was allowed to run unchecked for so long.