RFRA challenge to abortion ban gets first hearing in court
Indiana’s near-total abortion ban is returning to court as opponents and proponents this time argue over whether the new law interferes with sincerely held religious beliefs.
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Attorney on probation after failing to appear, return case file
| IL Staff
A West Baden Springs attorney has been suspended from the practice of law for 60 days, all stayed subject to his completion of one year of probation with monitoring by the Judges and Lawyers Assistance Program.
Opinions Oct. 13, 2022
Court of Appeals of Indiana
Shane E. Ehr v. State of Indiana (mem. dec.)
22A-CR-496
Criminal. Affirms Shane E. Ehr’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Jay Superior Court did not err when it denied Ehr’s motion to dismiss because lost photographs from the incident were not materially exculpatory. Also finds the photographs might have been potentially useful, but Ehr made no showing the state destroyed them in bad faith.
Ex-Louisville cop involved in protest shooting pleads guilty
A former Louisville police officer blamed for instigating a conflict that led to the fatal shooting of a Black barbecue restaurant owner during the Breonna Taylor protests has pleaded guilty to using excessive force.
Freeman named chair of IN Senate corrections committee, replacing Young
Indiana State Sen. Aaron Freeman, R-Indianapolis, has been appointed the new chair of the Senate Corrections and Criminal Law Committee.
ISBA poll: Members support retention of Mathias, Vaidik, Weissmann
| IL Staff
The three Court of Appeals of Indiana judges sitting for retention in next month’s general election have received a vote of confidence from members of the Indiana State Bar Association.
Parkland school shooter to get life sentence for killing 17
Florida school shooter Nikolas Cruz will be sentenced to life without parole for the 2018 murder of 17 people at Parkland’s Marjory Stoneman Douglas High School, after the jury said Thursday that it could not unanimously agree that he should be executed.
Alex Jones ordered to pay $965 million for Sandy Hook lies
Jurors ordered conspiracy theorist Alex Jones on Wednesday to pay nearly $1 billion to Sandy Hook Elementary School shooting victims’ relatives and an FBI agent.
Jan. 6 testimony: Trump knew he lost but lied and fought on
A defeated Donald Trump orchestrated a multipart plan to overturn the 2020 presidential election in a “staggering betrayal of his oath” resulting in the 2021 attack at the Capitol, the Jan. 6 committee declared Thursday.
Andy Warhol, Prince at center stage in SCOTUS copyright case
Andy Warhol and Prince held center stage in a copyright case before the Supreme Court on Wednesday that veered from Cheerios and “Mona Lisa” analogies to Justice Clarence Thomas’ enthusiasm for the “Purple Rain” showman.
IN Supreme Court accepts jurisdiction over abortion ban suit, sets arguments for January
| IL Staff
The fight over the lawfulness of Indiana’s new near-total abortion ban is heading to the state’s highest court, which won’t hear arguments regarding the law until the new year.
Anderson School Corp. bookkeeper charged with embezzling nearly $1M, seeking plea agreement
| IL Staff
An Anderson Community Schools bookkeeper has been charged by federal prosecutors with wire fraud and falsifying income tax returns based on allegations that she issued more than 300 checks to herself totaling almost $1 million over a five-year period.
7th Circuit affirms heroin dealer’s amended sentence
An Indianapolis heroin dealer who had already convinced the 7th Circuit Court of Appeals once to reduce his prison time has failed to persuade the judges to shave more time off his sentence.
Foster parents can sue DCS, but not case manager, COA rules
Foster parents whose efforts to adopt two foster children fell through can proceed with their negligence and defamation claims against the Indiana Department of Child Services, but not against a DCS caseworker, the Court of Appeals of Indiana has ruled.
JNC names 2 judges, 1 attorney as finalists for Molter COA vacancy
Two trial court judges and an attorney in private practice are the finalists to fill now-Justice Derek Molter’s seat on the Court of Appeals of Indiana.
Opinions Oct. 12, 2022
Court of Appeals of Indiana
Megan Perry and Jonathon Perry v. Indiana Department of Child Services and Linzy Derucki
22A-CT-605
Civil tort. Affirms and reserves in part the dismissal of Megan and Jonathon Perry’s amended complaint against the Indiana Department of Child Services and Linzy Derucki for failure to state a claim upon which relief could be granted. Finds the Perrys’ federal civil rights violation and state-law defamation claims against Derucki were properly dismissed. Also finds the Perrys’ state-law negligence and defamation claims against DCS were improperly dismissed. Remands for further proceedings.
Justice Dept. asks court to deny Trump plea over FBI search
The Biden administration on Tuesday urged the Supreme Court to steer clear of a legal fight over classified documents seized during an FBI search of former President Donald Trump’s Florida estate.
Sharp disagreements abound in debate between Marion County prosecutor candidates
Marion County Prosecutor Ryan Mears and Republican challenger Cyndi Carrasco Sharp sparred over his decision not to prosecute low-level marijuana possession and policies related to Indiana’s near-total abortion ban.
Indiana Democrats push abortion issue as early voting starts
Indiana voters can begin casting early, in-person ballots Wednesday for the Nov. 8 election in which Democrats are looking for a backlash against the Republican-backed state abortion ban approved over the summer.
Police fatally shoot machete-wielding man inside Clarksville Walmart
A southern Indiana police officer fatally shot a machete-wielding man who charged at him inside a Walmart, authorities say.