Applications sought for Owen Co. judicial vacancy
| IL Staff
Indiana Gov. Eric Holcomb is accepting applications for an upcoming opening on the Owen Circuit Court bench.
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Opinions Nov. 1, 2022
Court of Appeals of Indiana
Charitable Allies, Inc. v. Down Syndrome Association of Northwest Indiana, Inc. (mem. dec.)
22A-PL-1111
Civil plenary. Affirms the removal of Charitable Allies’ notice of an attorney’s lien in an underlying action between Charitable Allies’ former client, Down Syndrome Association of Northwest Indiana Inc., and former officers of DSA. Finds Charitable Allies has waived its argument regarding the Lake Superior Court’s purported lack of subject matter jurisdiction, and its assertion that the trial court lacked personal jurisdiction over it is meritless and not supported by cogent reasoning or authority. Also finds the trial court’s removal of the notice of lien is not reversible error. Finally, finds the totality of Charitable Allies’ work product to the Court of Appeals demonstrates not just weak legal positions, but positions “utterly devoid of all plausibility.” Remands to the trial court with instructions for it to determine and award to DSA a reasonable amount for its appellate attorney fees in this appeal.
Flooding dispute headed to IN Supreme Court
| IL Staff
A dispute between a Montgomery County couple, the town of Linden and multiple county departments over whether drainage improvements resulted in a permanent physical invasion of their land will go before the Indiana Supreme Court.
CLE panel to discuss federal criminal defense of indigent litigants
| IL Staff
The Historical Society of the U.S. District Court for the Southern District of Indiana’s is hosting a CLE event this week focused on federal criminal defense of indigent litigants.
Yorktown man gets 95 years in stabbing death of NE Indiana woman, 82
A man who pleaded guilty to fatally stabbing an 82-year-old woman after breaking into her northeastern Indiana home has been sentenced to 95 years in prison.
Permitless carry laws raise new dilemmas for police officers
Permitless carry laws have created a dilemma for officers working the streets: They now have to decide, sometimes in seconds, if someone with the right to carry a gun is a danger.
Supreme Court asked to review Mississippi voting rights case
A Mississippi legal organization is asking the U.S. Supreme Court to review the state’s provision permanently banning people convicted of certain felonies from voting.
Supreme Court rejects Turkey’s bid to stop US brawl lawsuits
The U.S. Supreme Court on Monday rejected Turkey’s bid to shut down lawsuits in U.S. courts stemming from a violent brawl outside the Turkish ambassador’s residence in Washington more than five years ago that left anti-government protesters badly beaten.
Roberts delays handover of Trump tax returns to House panel
Chief Justice John Roberts on Tuesday put a temporary hold on the handover of former President Donald Trump’s tax returns to a congressional committee.
Police: Pelosi suspect wanted to break speaker’s knees
The man accused of attacking House Speaker Nancy Pelosi’s husband with a hammer told police he wanted to hold the Democratic leader hostage and “break her kneecaps” to show other members of Congress there were “consequences to actions,” authorities said.
Ex-Roncalli counselor Fitzgerald appeals ruling in favor of Indianapolis Archdiocese
Michelle “Shelly” Fitzgerald, the former guidance counselor at Roncalli High School who was fired for being in a same-sex marriage, is fighting the dismissal of her lawsuit against the Roman Catholic Archdiocese of Indianapolis.
Admission ceremony advises new lawyers to expect change, opportunity
As Charlotte Westerhaus-Renfrow stepped to the podium to deliver the oath of admission to Indiana’s newest attorneys, she said she was going to try not to cry.
Justices raise doubts on race-conscious college admissions
The survival of affirmative action in higher education appeared to be in serious trouble Monday at a conservative-dominated Supreme Court after hours of debate over difficult questions of race.
Appellate court reverses delinquency adjudication for sexual battery based on insufficient evidence
The Court of Appeals of Indiana has reversed a juvenile’s delinquency adjudication for felony sexual battery after finding insufficient evidence to support the adjudication.
COA rules for distillery in spirited legal battle with distributors
The sale and distribution of alcohol — or lack thereof — sat squarely in the middle of a legal battle fought between the product’s manufacturer and distributors, with the Court of Appeals of Indiana ruling for the beverage producer.
Split COA voids juvenile’s delinquency adjudication, finds trial court failed to ensure minor knowingly waived rights
A juvenile’s delinquency adjudication for auto theft has been voided after a split Court of Appeals of Indiana found a trial court failed to ensure the child knowingly and voluntarily waived his rights when he admitted to the offense.
Opinions Oct. 31, 2022
Court of Appeals of Indiana
E.S. v. State of Indiana
22A-JV-1197
Juvenile. Reverses E.S.’s delinquency adjudication for sexual battery, a Level 6 felony when committed by an adult. Finds the state did not present sufficient evidence beyond a reasonable doubt to sustain E.S.’s delinquency adjudication.
Reversal: Evansville company entitled to indemnity on environmental claim
A company sued in federal court nearly two decades ago for environmental contamination is entitled to indemnity against related state-court litigation, the Court of Appeals of Indiana has ruled in a summary judgment reversal.
Death sentence sought for man accused of killing Richmond officer
A prosecutor wants the death penalty for a man charged with killing a Richmond police officer.
Indiana teacher with ‘kill list’ agrees to no-contact order
A fifth-grade teacher in northwestern Indiana charged with felony intimidation after authorities say she told a student she had a “kill list” of students and staff has agreed to stay away from the school.
