Federal courts celebrate Black History Month with Black lawyer-leaders
The U.S. District Court for the Southern District of Indiana celebrated Black History Month on Friday with song and a discussion.
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Ex-AG Hill wins summary judgment on defamation, invasion of privacy claims; federal case dismissed with prejudice
Former Indiana Attorney General Curtis Hill has secured another victory in the yearslong legal fallout from accusations that he drunkenly groped four women at a party, this time winning summary judgment in state court.
Pence to fight special counsel subpoena on 2020 election
Former Vice President Mike Pence is planning to fight a subpoena by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the results of the 2020 election.
Clarence Thomas statue backed by Republicans in Georgia
Republican Georgia lawmakers are again trying to erect a statue of U.S. Supreme Court Justice and Georgia native Clarence Thomas on the state Capitol grounds in Atlanta.
Opinions Feb. 14, 2023
Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
22A-EV-1751
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.
Former church business manager sentenced to 2 years in prison for embezzlement
A business manager who embezzled more than $573,000 from a Catholic parish in Indianapolis over a 13-year period has been sentenced to two years in federal prison, the Department of Justice announced Monday.
Autism provider agrees to $2M settlement
The United States Attorney’s Office for the Southern District of Indiana has recovered $2 million as part of a civil settlement with an Indiana autism therapy provider and its owner over allegations of Medicaid fraud.
Appellate court splits in affirming OWI conviction
An Adams County sheriff’s deputy did not violate a motorcyclist’s rights when the deputy charged him with operating a vehicle while intoxicated after stopping him for a different violation, the Court of Appeals of Indiana has ruled.
Department of Revenue nets partial victory in R&D tax dispute
The Indiana Tax Court has affirmed the Indiana Department of State Revenue’s decisions about the amount of sales tax that a pharmaceutical research firm owes on its research-and-development-related utility purchases.
COA affirms denial of motion to suppress
The Court of Appeals of Indiana has affirmed the denial of a motion to suppress on interlocutory appeal in a drug case stemming from a traffic stop.
COA finds judicial bias, reverses summary judgment after judge declares civil litigation in Indiana is ‘broken’
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
Opinions Feb. 13, 2023
Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.
Indiana Repertory Theatre again loses bid for COVID-related ‘physical loss’ coverage
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
Rokita under investigation by Disciplinary Commission for statements about Indiana doctor
Indiana Attorney General Todd Rokita is under investigation by the Indiana Supreme Court Disciplinary Commission in relation to his televised statements about the doctor who oversaw a medication abortion for a 10-year-old rape victim from Ohio.
Lawsuit over man fatally shot by Indianapolis police settled
A wrongful death lawsuit filed by the mother of a man fatally shot while being chased by a police officer in Indianapolis has been settled for $390,000.
Bloomington jail officer fired after inmate hit during struggle
A white correctional officer in southwestern Indiana who is seen in body camera footage punching a Black inmate during a struggle has been fired.
Biden’s fentanyl position sparks criticism from 2 sides
President Joe Biden’s calls in his State of the Union speech for strong criminal penalties in response to soaring deaths linked to the potent opioid fentanyl are being rebuked by harm reduction advocates who say that approach could make the problem worse.
COA remands for reexamination of criminal cash forfeiture
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
JNC accepting applications for Robb vacancy on COA
| IL Staff
The Court of Appeals of Indiana is hiring for a new judge to take the bench this summer.
Opinions Feb. 10, 2023
Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.