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Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Now that she has been nominated to the 7th Circuit Court of Appeals, Magistrate Judge Doris Pryor of the Southern Indiana District Court is facing a journey to the appellate bench that has not always been smooth for Indiana judges tapped by Democratic presidents.
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.
A southwestern Indiana police chief was justified when he fatally shot a man in April who was threatening people while armed with a knife, a prosecutor said.
Indiana’s governor said Wednesday he was preparing a plan to potentially tap into the growing state budget surplus to help residents with the national inflation jump, while rejecting calls for suspending state gas taxes.
The Biden administration has sided against the airline industry and urged the U.S. Supreme Court on Wednesday to uphold a California law that would provide more rest and meal breaks than airline crews are guaranteed under federal rules.
South Bend attorney Sven Eric Marshall has been sentenced to serve more than 10 years in federal prison and ordered to pay $1.94 million in restitution for defrauding investors in his former business, Trust & Investment Advisory Services of Indiana, Inc.
Former Vincennes Police Department Chief Dustin Luking was arrested on multiple felony charges Wednesday for allegedly stealing thousands of dollars from an evidence vault for personal use. Also today, Bethany J. Shelton Luking, Dustin’s wife, was arrested for allegedly stealing prescription medication from her employer, a senior center in Vincennes.
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Court of Appeals of Indiana
Alan Jones v. State of Indiana
21A-CR-2809
Criminal. Affirms the Shelby Circuit Court’s denial of Alan Jones’ motion for reduction of bail. Finds Jones has failed to show that the decision declining to reduce bond was clearly against the logic and effect of the circumstances before the trial court.
A Marion County man who confronted and battered another individual with a handgun will keep his felony conviction for battery by means of a deadly weapon, the Court of Appeals of Indiana has ruled.
Magistrate Judge Doris Pryor of the U.S. District Court for the Southern District of Indiana has been nominated to the 7th Circuit Court of Appeals by the Biden administration.
Public approval of the Supreme Court has fallen following the leak of a draft opinion that would overturn the Roe v. Wade decision guaranteeing abortion rights nationwide, according to a poll.
An Iraqi man who came to the United States two years ago and applied for asylum hatched a plot to assassinate former President George W. Bush in retaliation for casualties against his compatriots during the Iraq war, the U.S. government announced Tuesday.
News anchor Andrea Morehead has decided to end her legal battle with former employer WTHR-TV Channel 13, saying she’d rather drop the discrimination lawsuit than win a ruling and be subjected to a non-disclosure agreement after such a decision.
The 18-year-old gunman who slaughtered 19 children and two teachers at a Texas elementary school barricaded himself inside a single classroom and “began shooting anyone that was in his way,” authorities said Wednesday in detailing the latest mass killing to rock the U.S.
Sitting in a saddle with intentionality and quiet expectation, Indianapolis attorney Brittney Yocum said being present with her horse is more than a stress reliever — it’s a partnership.
When I began writing this column, I reached out to friends from my law school class to gather a few of the common things we wish we had known when we first entered practice. After gathering suggestions, I decided to include the three most common and strongly held opinions.