US to limit asylum to migrants who pass through a 3rd nation
The Biden administration said Tuesday it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through.
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COA reverses IURC’s approval of certain Duke Energy coal-ash cleanup costs
The Indiana Utility Regulatory Commission shouldn’t have approved Duke Energy’s request to recover costs related to a federal environmental mandate for coal-ash cleanup that were incurred before the energy company received approval.
APABA-IN hosting Lunar New Year CLE with sessions on wellness, former fertility doctor Cline
| IL Staff
The Asian Pacific American Bar Association of Indiana is hosting a continuing legal education event this week with sessions on disgraced fertility specialist Donald Cline and on how to think slowly while maintaining a fast-paced life.
IN justices agree to hear juvenile machine gun case
The Indiana Supreme Court granted transfer to one case out of 24 last week, agreeing to consider a case involving a teen who was adjudicated as a delinquent for possessing a machine gun.
Opinions Feb. 21, 2023
Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
21A-EX-2702
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.
Retired IN justice David joins Church Church Hittle and Antrim
| IL Staff
Retired Indiana Supreme Court Justice Steven David has joined the law firm of Church Church Hittle and Antrim.
After 3 years and 500 court filings, Community Health and feds still wrangling over false-claims allegations
It’s a massive case against a large Indiana hospital system that shows no signs of wrapping up soon.
Indiana ‘Don’t Say Gay’ bill pivots to kids’ gender identity
Teachers in Indiana public schools could be required to tell parents if a student changes their gender identity or preferred name under a bill House committee members approved Monday.
What is Section 230, the rule that made the modern internet?
Twenty-six words tucked into a 1996 law overhauling telecommunications have allowed companies like Facebook, Twitter and Google to grow into the giants they are today. A case coming before the U.S. Supreme Court this week challenges that law.
Justices reject appeal from man arrested for spoofing police
The U.S. Supreme Court has rejected an appeal, backed by the satirical The Onion, from a man who was arrested and prosecuted for making fun of police on social media.
COA reverses child molesting delinquency adjudication for hearsay
A trial court committed fundamental error when it allowed a videotaped interview to be entered into evidence in a delinquency case against a 15-year-old boy, the Court of Appeals of Indiana has ruled.
Division of assets, child support reversed, remanded in Hendricks Co. divorce
The Court of Appeals of Indiana has reversed and remanded a Hendricks Superior Court order on the division of marital assets and a father’s child support obligation to his special needs adult daughter.
COA reverses reckless homicide conviction after distracted driving evidence wrongly excluded
The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.
Opinions Feb. 20, 2023
Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.
Reversal: Police can’t charge to ‘inspect’ accident reports
Police departments cannot charge citizens a fee to “inspect,” rather than “obtain,” accident reports, the Court of Appeals of Indiana has ruled, ordering the Evansville police to allow a woman to inspect such a report at no charge.
7th Circuit affirms conviction, 15-year sentence for unlawful firearm possession
The 7th Circuit Court of Appeals has affirmed a man’s unlawful possession of a firearm conviction and sentence after a gun was found in his vehicle during a traffic stop.
Crime in downtown Indianapolis: Is perception worse than reality?
Business leaders’ differing responses show how complicated it is to analyze and interpret crime data and incidents and assess the safety of downtown Indianapolis, even among those who routinely traverse the city’s central core.
Columbus man convicted of murdering girlfriend; remains found buried
A jury convicted a southern Indiana man of murder Friday in connection with the death of his girlfriend whose remains were found buried in a shallow grave.
2nd shooting this year at largest Indiana mall wounds 1
A male was shot Friday at an Indianapolis shopping mall in the second shooting there this year, police said.
GOP plan would speed up Indiana tax cuts, boost vouchers
Speeding up planned cuts to the state’s personal income tax rates and a further expansion of the private school voucher program are keys parts of a state spending plan released Friday by Indiana House Republicans.
