COA upholds electric utility’s rate hike
Finding substantial evidence supporting a regulatory body’s ruling, the Indiana Court of Appeals denied an attempt by Citizens Action Coalition of Indiana to overturn approval for a utility rate hike.
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Appellate court interprets amended habitual offender statute
The Indiana Court of Appeals, after finding the language of the habitual offender statute doesn’t support either the defendant’s or the state’s interpretation, reversed the denial of the defendant’s objection to his habitual counts and ordered the trial court to review the matter.
COA affirms confidentiality of deposition in litigation between Greek brothers
Discovery materials protected in Indiana courts under a protective order cannot be used in litigation between two brothers in Greece, the Indiana Court of Appeals held Wednesday.
COA reduces woman’s OWI conviction, orders new hearing on fees
A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.
Playground case touches on separation of church and state
The Supreme Court of the United States signaled Wednesday that it will decide an important case on the separation of church and state in favor of a Missouri church that wants state money to put a soft surface on its preschool playground.
COA: Signatures do not have to take a specific form
A man who drove too fast and was given an electronic speeding ticket failed to convince the Indiana Court of Appeals that all signatures are not the same.
2nd Circuit cracks door for en banc hearing on Title VII sexual orientation claim
In possibly the first opinion issued since the 7th Circuit Court of Appeals found Title VII does provide protection against discrimination based on sexual orientation, a 2nd Circuit Court of Appeals panel has declined to reach the same conclusion.
Opinions April 19, 2017
Indiana Court of Appeals
Matthew L. Johnson v. State of Indiana
32A05-1604-CR-703
Criminal. Reverses the Hendricks Superior Court order overruling Matthew L. Johnson’s objections to the habitual offender enhancement charges. Finds that “convictions from which the offender was released more than 10 years before the current offense do not count for habitual offender purposes under Section 8(d).” Remands for review.
Justice interviews wrap up as JNC works to pick finalists
With the interview process complete, Indiana Supreme Court Chief Justice Loretta Rush and the Judicial Nominating Commission are now tasked with selecting three people to be considered as the next justice of the court. Interviews with the 11 semifinalists wrapped up Wednesday morning.
Judge says sex trafficking is happening everywhere
There's a story Judge Kimberly Dowling tells when she wants people to realize how easy it is for a child to be sex trafficked.
Rucker to assume senior judge status after retirement
Retiring Indiana Supreme Court Justice Robert Rucker will assume senior judge status after he leaves his seat on the state’s highest bench next month.
Council panel OKs plan to reimburse city agencies for justice center planning
An Indianapolis City-County Council panel Tuesday evening unanimously approved a measure that would allow the city to be reimbursed with future bond proceeds for expenses related to the planned community justice campus.
Opinions April 18, 2017
Indiana Court of Appeals
Wanda Roberts, et al. v. Anthony W. Henson
10A01-1607-PL-1647
Civil plenary. Reverses summary judgment in favor of Anthony Henson on the Robertses’ lawsuit claiming the construction of his home on a lot in their subdivision violated the neighborhood’s restrictive covenants. Affirms Henson’s home did not violate the covenants against barns or other outbuildings being used a residence, but finds questions of material fact regarding whether his home’s height and garage size violate the covenants.
Questions exist as to whether Clarksville home violates neighborhood covenants
Summary judgment was prematurely granted to a Clarksville homeowner sued by his neighbors for allegedly violating the neighborhood’s restrictive covenants, the Indiana Court of Appeals ruled Tuesday.
Judicial Nominating Commission preparing for final Supreme Court interviews
Six of the 11 semifinalists who applied to fill Justice Robert Rucker’s seat after he retires next month sat for their half-hour interviews with Chief Justice Loretta Rush and the Judicial Nominating Commission Tuesday.
COA: Parties stipulation shows easement is necessary
In a dispute between neighbors, the Indiana Court of Appeals affirmed a private property owner had to allow part of his land to be used to give access to a tract of land owned by a business.
Noblesville environmental consulting firm hires Zoeller
A Noblesville-based environmental firm has hired former Indiana Attorney General Greg Zoeller.
Running low on funds, Vonnegut museum seeks speedy outcome to legal fight
The Kurt Vonnegut Museum and Library is asking a judge to rule quickly on the legal dispute over its failed move to Massachusetts Avenue in Indianapolis, fearing the not-for-profit could run out of money before the case is resolved.
Indiana county debates closing satellite courthouses
County government officials in Indiana are considering closing satellite courthouses in three cities.
Legislators discuss need for ‘people’s voice’ in selecting Marion Superior judges
Indiana Legislators raised several concerns Monday afternoon during the conference committee for House Bill 1036, which establishes merit selection for choosing Marion Superior judges. Several expressed the need to allow the general public to have a say through elections.