COA affirms denial of motion to clarify probation sentencing
A man arguing his probation should end three years earlier than the date listed in the system has failed to secure relief from the Court of Appeals of Indiana.
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Indiana refinery fire not expected to hit gas prices much
Skeletal remains found nearly 40 years ago in rural northeast Tennessee have been identified as those of a missing Indiana girl, authorities said Tuesday.
Justices reverse convictions for man denied Pirtle rights, but concurrence suggests revisiting Pirtle
A Cass County man convicted of multiple felonies after police responded to a report of a possible robbery at his home has secured a reversal from the Indiana Supreme Court after convincing the justices his Pirtle rights were violated during a police search. However, one justice, while concurring, suggested the high court take another look at Pirtle in the future.
Justices: Gary Housing Authority’s taking of private property upheld, but property owner entitled to damages hearing
Although the Gary Housing Authority can proceed with its administrative taking of privately owned property, the property owner will get a chance to make its case for damages after the Indiana Supreme Court ordered the entry of summary judgment for the owner as well as a damages hearing.
COA: Former pet company exec had no ownership interest
The former president of a company that manufactured animal and pet products has failed to convince the Court of Appeals of Indiana that along with being an executive at the company, he also held an ownership stake.
Opinions Aug. 30, 2022
Court of Appeals of Indiana
Lockerbie Glove Company Town Home Owner’s Association, Inc., Elliot J. Serena Androphy, Cherri D. Hobgood, Sashwati Roy, Chandan K. Sen, and Brian Edward West v. Indianapolis Historic Preservation Commission, Daniel C. Jacobs, and The Athenaeum Foundation, Inc.
22A-PL-204
Civil plenary. Affirms the Marion Superior Court’s grant of a motion for judgment on the pleadings on the basis of lack of standing by six residents challenging the construction of a retail, residential and parking project known as Block 20 in the Lockerbie Square Historic District in Marion County. Finds the appellants lack the necessary standing, so the trial court did not err in granting the motion for judgment on the pleadings filed by the Indianapolis Historic Preservation Commission, Daniel C. Jacobs and The Athenaeum Foundation Inc.
COA again denies attempt to stop new construction in historic Indianapolis district
Continued attempts to halt the construction of a parking lot and retail center in a historic Indianapolis district by a collection of nearby homeowners has been bulldozed after the Court of Appeals of Indiana ruled the residents lacked standing when they failed to allege injury as a result of the project.
Women race political clock, cross state lines for abortions
With new state laws and court challenges popping up on what seems like a daily basis, some women are traveling state lines to get abortions.
Indiana’s special legislative session cost $240K
Indiana taxpayers were out close to a quarter-million dollars for a special legislative session that saw the passage of a near-total ban all abortions in the state, as well as a deal providing wraparound social services and inflation relief.
EXPLAINER: Why Dutch soldiers were at Indiana military camp
Before three Dutch soldiers were shot, one fatally, in downtown Indianapolis, they were training in a southern Indiana military camp where international soldiers enter highly specialized urban combat simulations they might not be able to get in their own country.
One year in, 30 charged in Indiana as part of Chicago effort to disrupt flow of illegal firearms
| IL Staff
U.S. Attorney for the Northern District of Illinois John R. Lausch Jr. provided an update on the work of the cross-jurisdictional Firearms Trafficking Strike Force last week, which noted 30 individuals are facing charges in Indiana — more than any other state participating in the effort.
Opinions, Aug. 29, 2022
Court of Appeals of Indiana
David Bugay, et al. v. Jeffrey DeBoy, et al. (mem. dec.)
21A-PL-01667
Civil Plenary. Affirms the Tippecanoe Circuit Court’s judgment in favor of Jeffrey DeBoy and JBC Buildings, Inc. against David Bugay and Rolling Maul, LLC, for $139,601.98. Finds the trial court did not err when it declined to decrease DeBoy’s unjust enrichment award based on construction defects because Bugay had settled his defects crossclaim for $150,000 and dismissed that crossclaim with prejudice. Rules the trial court did not err when it refused to award DeBoy monies for disgorgement of profits from Legacy Sports Club.
7th Circuit holds immigrant failed to argue the merits of his claim
The 7th Circuit Court of Appeals has denied an Eritrea immigrant’s attempt to become a naturalized citizen, holding he had waived his arguments at the appellate level because he focused on the procedure for processing his application rather than on the merits of his claim.
IN Supreme Court revokes judge pro tem appointment
| IL Staff
A senior judge has resigned from his appointment as a temporary judge in Hancock County after a month on the job.
Legal professionals celebrate musical talent during IndyBar Foundation’s first talent show
More than a dozen Indiana lawyers, judges and law professors performed on stage at the Indianapolis Bar Foundation’s first “IndyBar’s Got Talent” event Saturday evening.
Judge plans to appoint special master in Trump records case
A federal judge in Florida told the Justice Department on Saturday to provide her with more specific information about the classified records removed from former President Donald Trump’s Florida estate and said it was her “preliminary intent” to appoint a special master in the case.
EPA waives fuel rule in 4 states after Indiana refinery fire
The Environmental Protection Agency temporarily lifted a federal rule for fuel sales in four states in response to a fire last week at an Indiana oil refinery that could affect prices and supply.
Dutch soldier shot in Indianapolis dies of his injuries
One of three Dutch soldiers wounded in a shooting outside a hotel in downtown Indianapolis over the weekend has died, the Defense Ministry said Monday.
Product-liability lawsuits against 3M can proceed, Indianapolis judge rules
Indianapolis-based Aearo Technologies LLC’s recent bankruptcy filing won’t shield its corporate parent 3M Co. from the massive flood of product-liability lawsuits over Aeros’ military earplugs, a judge has ruled.
Justice David urges courts to do more to ensure defendants understand plea agreements
| IL Staff
In a pair of opinions dissenting from the Indiana Supreme Court’s denial of transfer to two cases involving plea deals, Justice Steven David asserted the records are “simply inadequate” to show that the defendants knowingly and voluntarily waived their rights to appeal.