Rush named president, chair of two national judicial organizations
| IL Staff
Indiana Chief Justice Loretta Rush has been appointed to top leadership positions at two national judicial organizations.
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7th Circuit uphold dismissal of gun accessory manufacturer’s complaint
The owner of a firearm accessories manufacturing facility in southern Indiana who claimed his rights against search and seizure were violated when federal agents raided his business got a lesson on the Federal Rules of Evidence and the importance of precedent from the 7th Circuit Court of Appeals.
Opinions July 28, 2022
Court of Appeals of Indiana
Khaldoun E. Haddad and Issa E. Haddad v. Properplates, Inc., Manjeet Singh Bhattal, and Jaipal Atwal
21A-PL-2560
Civil plenary. Reverses the Lake Superior Court’s order for arbitration regarding the complaint made by Khaldoun and Issa Haddad against construction contractors Properplates Inc. and the dismissal of the case. Affirms arbitration for Properplates’ counterclaims. Finds the contract between the parties does not compel the Haddads’ claims to arbitration. Remands for the trial court to consider whether to delay arbitration pending the resolution of the Haddads’ claims.
COA: Contract only requires one side in construction dispute to arbitrate
The owners of a construction project will not be forced to take their complaint against their project’s general contractor to arbitration, but the contractor will need to arbitrate its counterclaims if the claims aren’t resolved, the Court of Appeals of Indiana has ruled.
Police: Muncie boy, 6, fatally shoots sister, 5; parents arrested
A 6-year-old boy fatally shot his 5-year-old sister in their home in eastern Indiana and their parents have been arrested in the killing, police said.
Ex-US congressman from Indiana gets bail in stock cheat case
A former U.S. congressman from Indiana can remain free on $250,000 bail as he awaits trial in a federal insider trading case, a judge said Wednesday.
Justice Thomas cancels plans to teach at DC law school
U.S. Supreme Court Justice Clarence Thomas has backed out of teaching a seminar at George Washington University’s law school in the nation’s capital following student protests and the university’s statement of support for the conservative justice’s role on campus.
July 4 parade attack suspect indicted for murder, attempted murder
The man accused of opening fire on an Independence Day parade in suburban Chicago has been indicted by a grand jury on 21 first-degree murder counts, 48 counts of attempted murder and 48 counts of aggravated battery, representing the seven people killed and dozens wounded in the attack on a beloved holiday event.
AG Rokita still investigating doctor who performed abortion for 10-year-old
| IL Staff and Washington Post
Indiana Attorney General Todd Rokita has informed a Hoosier doctor who performed an abortion for a 10-year-old Ohio girl that his office is still investigating the physician’s reporting actions.
‘Night of terror:’ 28 women allege assaults by male inmates after Clark Co. Jail officer sold access keys
More than two dozen female detainees are suing Clark County Sheriff Jamey Noel and current and former members of his jail staff, alleging they were attacked by male inmates during “a night of terror” that occurred after a corrections officer sold access keys last fall.
Personal injury complaint timely filed under Supreme Court’s COVID-19 tolling orders, COA says
A woman injured in a car crash timely filed her complaint against the other driver, the Court of Appeals of Indiana has ruled, pointing to Indiana Supreme Court orders that tolled statutes of limitation to ease the burden on Hoosier litigants at the height of the COVID-19 pandemic.
Opinions July 27, 2022
Court of Appeals of Indiana
William F. Braun Milk Hauling, Inc., and Joseph Daugherty v. Peggy Malanoski
22A-CT-333
Civil tort. Affirms the denial of William F. Braun Milk Hauling Inc. and Joseph Daugherty’s motion to dismiss a complaint filed by Peggy Malanoski following a car accident involving Malanoski and a semi-tractor and trailer driven by Daugherty. Finds Malanoski timely filed her complaint in light of the Indiana Supreme Court’s March 13 and 23, 2020, orders that tolled the statutes of limitations in response to the COVID-19 pandemic.
COA: Evidentiary issue not yet ripe for appeal
An Indiana man who wanted the jury to know about a trial court’s order tossing a CHINS petition has been told by the Court of Appeals of Indiana to come back after his case has been tried.
Longtime Indy senator Young leaves Republican caucus amid abortion debates
Indiana Sen. Mike Young has resigned from the Republican caucus amid disagreements over the GOP approach to abortion-restricting legislation.
Justices decline to hear IRT’s COVID coverage case but agree to revisit criminal case decisions
The Indiana Supreme Court has brought the curtain down on the Indiana Repertory Theatre’s push to get its insurance company to cover losses incurred when the pandemic forced the show to close in the spring of 2020.
IN Supreme Court ends suspension of former Crawford Co. judge following her resignation
| IL Staff
The Indiana Supreme Court has terminated the suspension of now-former Crawford Circuit Court Judge Sabrina R. Bell after she recently resigned from her position and agreed to not hold judicial office ever again.
Indiana House proposes larger, costlier taxpayer ‘refund’ plan
House and Senate Republicans in the Indiana General Assembly remain on a collision course over how to provide inflation relief for Hoosiers after committees from both chambers passed bills that take vastly different approaches.
Republican AGs sue US agency over LGBTQ school guidance
More than 20 Republican attorneys general filed a lawsuit Tuesday against President Joe Biden’s administration over a Department of Agriculture school meal program that prohibits discrimination based on sexual orientation and gender identity.
Man’s 63-month prison term matches longest for Capitol riot
A man who attacked police officers with poles during the riot at the U.S. Capitol was sentenced on Tuesday to more than five years in prison, matching the longest term of imprisonment so far among hundreds of Capitol riot prosecutions.
Judge upholds Rep. Marjorie Taylor Greene’s eligibility
A judge in Atlanta has rejected an appeal by a group of voters and affirmed the Georgia secretary of state’s decision that U.S. Rep. Marjorie Taylor Greene is eligible to run for reelection.