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7199 results for 'articles'

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Police officer and man are killed as Indiana hospital confrontation leads to gunfire

July 3, 2023 | Associated Press

A man suspected of domestic violence fatally shot a police officer at a southern Indiana hospital early Monday before he was killed by other officers, authorities said.

IN Supreme Court split in excluding unrelated felony testimony at habitual offender trial

June 30, 2023 | Alexa Shrake

A defendant’s testimony about a prior unrelated felony was irrelevant to his habitual offender trial, a sharply divided Indiana Supreme Court has ruled, upholding the exclusion of that testimony.

Opinions June 30, 2023

June 30, 2023

Rene Martinez v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1820
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert Miller.
Civil. Vacates the district court’s denial of Rene Martinez’s application for supplemental security income. Finds the administrative law judge’s decision is not supported by substantial evidence. Remands for further consideration.

7th Circuit vacates, remands disability case where medical records belonging to different claimant may have been used in ALJ decision

June 30, 2023 | Daniel Carson

An administrative law judge’s decision to deny a man’s disability application may have relied on medical records belonging to someone else, the 7th Circuit Court of Appeals ruled Thursday in vacating a district court’s judgment and remanding the case.

Parents’ substance abuse issues necessitate CHINS designation for child, COA affirms

June 30, 2023 | Daniel Carson

A special needs toddler had been endangered by his parents’ methamphetamine use and a trial court correctly adjudicated the boy as a child in need of services, the Court of Appeals of Indiana ruled Friday in affirming the court’s judgment.

 

Split IN Supreme Court affirms summary judgment for providers sued in manslaughter-mental health case

June 30, 2023 | Tyler Fenwick

Guilty pleas have the same preclusive effect as trial verdicts, a split Indiana Supreme Court ruled in affirming a trial court’s decision to enter summary judgment for mental health providers sued by a man who pleaded guilty but mentally ill to voluntary manslaughter.

City lacked standing to sue Franciscan for closing local hospital, COA rules in reversal

June 30, 2023 | Tyler Fenwick

The city of Hammond lacked standing to bring a case against Franciscan Alliance for planning to close a hospital, the Court of Appeals of Indiana has ruled in reversing a trial court’s preliminary injunction.

SCOTUS rejects Biden’s plan to wipe away $400 billion in student loans

June 30, 2023 | Associated Press

A sharply divided U.S. Supreme Court ruled Friday that the Biden administration overstepped its authority in trying to cancel or reduce student loans for millions of Americans.

The Supreme Court rules for a designer who doesn’t want to make wedding websites for gay couples

June 30, 2023 | Associated Press

In a defeat for gay rights, the Supreme Court’s conservative majority ruled Friday that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples.

Local, state leaders react to IN Supreme Court vacating injunction against near-total abortion ban

June 30, 2023 | IL Staff

The Indiana Supreme Court has vacated the preliminary injunction against the state’s controversial near-total abortion ban, reinstating the law. Lawmakers on both sides of the issue are reacting strongly.

California’s historic work on possible Black reparations moves to the Legislature

June 30, 2023 | Associated Press

Members of California’s Black reparations task force handed off their historic two-year report to state lawmakers Thursday, beginning the next chapter in the long struggle to compensate the descendants of slavery.

Court says Tulsa can’t give a Choctaw man a ticket because the Oklahoma city is on reservation land

June 30, 2023 | Associated Press

Tulsa lacks the jurisdiction to prosecute a Native American man cited by police for speeding because the city is located within the boundaries of an Indian reservation, a federal appeals court ruled.

Supreme Court’s affirmative action ruling leaves colleges looking for new ways to promote diversity

June 30, 2023 | Associated Press

The Supreme Court has sent shockwaves through higher education with a landmark decision that struck down affirmative action and left colleges across the nation searching for new ways to promote student diversity.

Indiana ACLU executive director Henegar to retire

June 30, 2023 | Indiana Capital Chronicle

Jane Henegar, the executive director of the American Civil Liberties Union of Indiana, plans to retire from her position by Jan. 1 after more than a decade leading the organization.

Felix tapped to fill COA vacancy created by Robb retirement

June 29, 2023 | Tyler Fenwick

Hamilton Circuit Judge Paul Felix has been named the newest judge of the Court of Appeals of Indiana. Gov. Eric Holcomb made the announcement Thursday in his Statehouse office.

COA vacates sentence for man whose attorneys missed filing deadlines

June 29, 2023 | Tyler Fenwick

A man whose trial and appellate attorneys both missed filing deadlines had his misdemeanor conviction vacated by the Court of Appeals of Indiana, which reversed a lower court’s decision to deny the man’s post-conviction relief petition.

IN Supreme Court affirms trial court’s summary judgment to school corporation in wind turbine case

June 29, 2023 | Alexa Shrake

A school corporation’s contract with a company for access to a wind turbine represented an unauthorized investment under Indiana law and was void and unenforceable, the Indiana Supreme Court ruled in affirming a trial court’s granting of summary judgment.

Free summer law camp lets kids learn about the law, interact with judges, attorneys

June 29, 2023 | Alexa Shrake

With an eye toward appealing to children with an interest in the law, Kids’ Voice of Indiana held its third free summer law camp this week.

Closed primary system constitutional, doesn’t violate man’s right to vote, COA affirms

June 29, 2023 | Alexa Shrake

Tippecanoe County’s closed primary voting system is constitutional and does not violate a man’s right to vote, the Court of Appeals of Indiana ruled Thursday in affirming a trial court’s granting of summary judgment to the state.

 

Opinions June 29, 2023

June 29, 2023

Court of Appeals of Indiana
Thomas J. Herr v. State of Indiana
22A-PL-142
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment to the state and the denial of summary judgment to Thomas Herr on his claim that the Tippecanoe County closed primary election system is unconstitutional. Finds Herr has failed to show that Tippecanoe County’s closed primary system for electing judges violates the First or 14th Amendments, so the trial court did not err in denying his motion for summary judgment and granting the state’s. Also finds the trial court did not err in determining Tippecanoe County’s closed primary election system does not violate Herr’s right to vote under the Indiana Constitution. Finally, finds the trial court did not err in determining the closed primary system does not violate Herr’s rights under the privileges and immunities clause of the Indiana Constitution.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • List of new Indiana laws approved this year

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