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Opinions Oct. 29, 2015

Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Sierra Club, Inc., and Valley Watch, Inc. v. Southern Indiana Gas and Electric Co. d/b/a Vectren Energy Delivery of Indiana, Inc., Ind. Utility Regulatory
93A02-1502-EX-110
Agency action. Reverses approval of Vectren’s proposal to modify current coal-powered generating stations and request for financial incentives and reimbursement from ratepayers for costs associated with the projects by the Indiana Utility Regulatory Commission. The commission erred in failing to make findings on the factors listed in I.C. 8-1-8.7-3. Remands with instructions for commission to make the required findings.

Sue Shadley memorial set for Nov. 7

A memorial service for trailblazing Indianapolis attorney Sue Shadley is scheduled for Nov. 7 at the Eiteljorg Museum of American Indians and Western Art.

Federal prosecutors have copies of alleged Fogle recordings

Federal prosecutors have copies of audio recordings a Florida woman says she made of former Subway spokesman Jared Fogle talking about sexual encounters he had with children and say they took those recordings "into account" before charging Fogle.

Dennis Hastert pleads guilty, acknowledges hush-money scheme

Dennis Hastert pleaded guilty Wednesday to evading banking laws in a hush-money scheme, averting a potentially lurid trial that could have dredged up sexual allegations by agreeing to a deal with prosecutors that recommended he serve no more than six months in prison.

Indiana Supreme Court hears police eavesdropping case

A group of police officers were "pretty blatant" when they eavesdropped on conversations between a man facing a murder charge and his attorney and later found a gun based on what they had overheard, Indiana Supreme Court Chief Justice Loretta Rush said Wednesday.

7th Circuit affirms man’s sentence for molesting baby

The 7th Circuit Court of Appeals affirmed a man’s sentence, supervised release conditions and restitution order after he pleaded guilty to raping, molesting and creating pornographic videos of an infant with the mother’s permission.

Alito to visit Notre Dame Law School next month

Supreme Court of the United States Associate Justice Samuel Alito Jr. will visit the University of Notre Dame Nov. 18 and 19, where he will meet with law students and participate in a discussion on Italian constitutional justice.

Supreme Court to head north for oral arguments

The Indiana Supreme Court will hear arguments in a domestic battery case Friday at Portage High School in Porter County. The traveling oral argument allows students, the public and press in other areas of the state to see how the court works.

Apple fights DOJ over attempt to unlock seized iPhone

Apple Inc. is fighting the U.S. Justice Department’s demand for access to data on an iPhone seized during a drug probe just days after the company’s chief executive officer squared off against the director of National Security Agency over privacy.

Lawyer: Escort unlikely to talk with NCAA without immunity

The attorney for Katina Powell says his client is unlikely to cooperate with authorities and the National Collegiate Athletic Association unless she receives immunity for her allegations that a former University of Louisville men's basketball staffer hired her and other dancers to strip and have sex with recruits and players.

Water flavorings lawsuit may mean end of gravy train in Texas

Could a fight over flavoring water mean the end of a court district that’s become notorious for its patent litigation? It might, if Heartland Consumer Products Holdings LLC is successful in getting a patent-infringement lawsuit filed against it last year by Kraft Heinz Co. in Delaware moved to a court in its home state of Indiana.

Opinions Oct. 27, 2015

Indiana Court of Appeals
Jonathan E. Powell v. State of Indiana
49A02-1503-CR-135
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. The state failed to prove Powell was on the bar’s property when an off-duty police officer asked him to leave.

Evansville man gets 200 years for fire deaths of 3 people

A judge on Monday sentenced an Evansville man to 200 years in prison after a jury found him guilty but mentally ill on three counts of murder for starting a fire that killed his ex-girlfriend, her grandfather and her daughter.