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Decision by SCOTUS might slow transition to cleaner energy

July 1, 2022 | Associated Press

The Supreme Court ruling limiting the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants could have far-reaching consequences for the energy sector—and make it harder for the Biden administration to meet its goal of having the U.S. power grid run on clean energy by 2035.

Supreme Court to hear case on state authority over elections

July 1, 2022 | Associated Press

The Supreme Court on Thursday agreed to hear an appeal from North Carolina Republicans that could drastically limit state court authority over congressional redistricting, as well as elections for Congress and the presidency.

Supreme Court says several gun cases deserve a new look

July 1, 2022 | Associated Press

The U.S. Supreme Court said Thursday that gun cases involving restrictions in Hawaii, California, New Jersey and Maryland deserve a new look following its major decision in a gun case last week.

Justice David honored during final Supreme Court oral argument in Boone Co.

June 30, 2022 | Katie Stancombe

Leaving the grandeur of its Statehouse courtroom, the Indiana Supreme Court took to the road Thursday for a special traveling event in honor of Justice Steven David’s final oral argument.  The high court ventured to Boone County, David’s former judicial home of more than 15 years, for his final oral argument as a member of the Supreme Court.

COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation

June 30, 2022 | Marilyn Odendahl

Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.

Opinions June 30, 2022

June 30, 2022

Court of Appeals of Indiana
Brian Young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor, and Scott Hanley v. South Bend Common Council v. South Bend City Administration
21A-MI-1049
Miscellaneous. Affirms and reverses in part the dismissal of Brian young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor and Scott Hanley’s claims for declaratory and injunctive relief alleging violations of the Federal Wiretap Act and the Indiana Wiretap Act. Finds the trial court erred in dismissing the original intervenors’ declaratory judgment complaint for lack of subject matter jurisdiction, but the original intervenors’ argument regarding their dismissal as interpleader defendants is essentially moot. Finds the trial court erred in limiting the new intervenors’ litigation to the cassette tapes. Finally, finds remand is appropriate for development of a factual record and a final determination of the legality of all the interpled recordings.

Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights

June 30, 2022 | Katie Stancombe

A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.

COA rejects evidentiary challenges, upholds murder conviction

June 30, 2022 | Jordan Morey

With the dying words of his victim and cellphone records against him, an Indiana murderer failed to get his conviction overturned by the Court of Appeals of Indiana on Thursday.

Grant of PCR petition upheld after lawyer withheld disciplinary actions

June 30, 2022 | Olivia Covington

Despite being “caught at the scene of the crimes,” the Court of Appeals of Indiana has affirmed post-conviction relief for a man who pleaded guilty to burglary based on the advice of an attorney who was hiding the fact that he was planning to resign from the Indiana bar for disciplinary reasons.

Supreme Court: Biden properly ended Trump-era asylum policy

June 30, 2022 | Associated Press

The U.S. Supreme Court ruled Thursday that the Biden administration properly ended a Trump-era policy forcing some U.S. asylum-seekers to wait in Mexico.

U.S. Supreme Court limits EPA in curbing power plant emissions

June 30, 2022 | Associated Press

In a blow to the fight against climate change, the U.S. Supreme Court on Thursday limited how the nation’s main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.

The Bail Project loses bid to stop ‘charitable bail’ bill from taking effect Friday

June 30, 2022 | Jordan Morey

The Bail Project has failed to convince a federal judge to prevent a new law from going into effect tomorrow that will limit whom it can bail out of jail.

Simon secures $5.5M ruling over theater chain for absent rent

June 30, 2022 | Mickey Shuey, Indianapolis Business Journal

Indianapolis-based shopping center giant Simon Property Group is in line to recoup about $5.5 million in unpaid rent from a national movie theater chain after a judge ruled the COVID-19 pandemic didn’t excuse the company from its financial obligations.

Jackson sworn in, becomes 1st Black woman on Supreme Court

June 30, 2022 | Associated Press

Ketanji Brown Jackson has been sworn in to the Supreme Court, shattering a glass ceiling as the first Black woman on the nation’s highest court.

Jan. 6 panel subpoenas counsel who resisted Trump

June 30, 2022 | Associated Press

The House committee investigating the Jan. 6 insurrection issued a subpoena Wednesday to former White House counsel Pat Cipollone, whose reported resistance to Donald Trump’s efforts to overturn his 2020 election defeat has made him a long-sought and potentially revelatory witness.

Indiana special session work pushed back to July 25

June 29, 2022 | Jordan Morey

A special session of the Legislature will be held at the Indiana Statehouse to address abortion and inflation next month, but the start date on legislative work has been delayed.

Justices grapple with church autonomy in fight over firing of Cathedral teacher

June 29, 2022 | Marilyn Odendahl

During the June 28 oral arguments in the dispute between the Archdiocese of Indianapolis and the former Cathedral High School teacher who was fired for being in a same-sex marriage, the Indiana Supreme Court wrestled with a central question: When can civil government exercise authority over church matters?

Opinions June 29, 2022

June 29, 2022

Indiana Supreme Court
Terrance Trabian Miller v. State of Indiana
20A-CR-2315
Criminal. Affirms Terrance Trabian Miller’s convictions. Finds any error that arose during jury instruction was invited by Miller, which precludes relief on direct appeal. Also finds sufficient evidence that Miller was lawfully stopped in his vehicle by police. Finally, finds Miller did not comply with the exhaustion rule, which precludes review of the Cass Circuit Court’s refusal to strike juror T.M. for cause. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion.

7th Circuit affirms lifetime imprisonment for gang member convicted in deadly drug conspiracy

June 29, 2022 | Katie Stancombe

An Indiana gang member convicted of conspiracy and racketeering in a scheme to distribute illegal drugs will keep his lifetime imprisonment sentence and convictions, the 7th Circuit Court of Appeals has ruled.

Split Supreme Court reinstates convictions based on invited error

June 29, 2022 | Jordan Morey

Finding no fundamental error, a split Indiana Supreme Court has reinstated a man’s multiple convictions that resulted in a nearly 50-year sentence.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Howard County judge permanently banned from judicial service

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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