Cooper settles for record $7.5M with Elkhart for wrongful conviction
A former Elkhart resident who spent almost a decade in prison for a crime he didn’t commit will receive the largest wrongful conviction settlement in Indiana history.
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SCOTUS accepts Indiana nursing home case
The U.S. Supreme Court has accepted a case from northern Indiana that is seen as potentially inducing a flood of claims against nursing homes and enabling patients to circumvent caps states have set on compensation for medical malpractice.
Opinions May 4, 2022
Court of Appeals of Indiana
Joel Williams, Jr. v. State of Indiana
21A-CR-1581
Criminal. Affirms the denial of Joel Williams Jr.’s motion to dismiss charges of two counts each of rape and criminal deviate conduct, all Class A felonies, 35 years after the incidents occurred. Finds Williams has not proven that he will suffer actual and substantial prejudice to his right to a fair trial.
Notre Dame hosts panel discussing implications of SCOTUS draft opinion leak
In the face of what has been described as an “unprecedented” breach of confidentiality at the nation’s highest court, the University of Notre Dame on Tuesday convened a panel of U.S. Supreme Court scholars to talk through the potential ramifications of the leak of a draft opinion that could fundamentally alter the country’s abortion landscape.
COA allows rape case to proceed 35 years after incident
A Lake County man charged with multiple rapes 35 years after they occurred failed to convince the Court of Appeals of Indiana that his due process rights were violated and that the decadeslong delay was unjustified.
The Bail Project sues state over constitutionality of law limiting charitable bailouts
Charitable bail organization The Bail Project has filed a complaint in federal court alleging a new Indiana law restricting whom it can bail out of jail infringes on its constitutional rights.
Indiana GOP lawmakers hold off most hard-right challengers
Frustrated Indiana conservatives fell short in most primary races Tuesday in their drive to push the Republican-controlled state Legislature further to the right, and two of the movement’s leaders lost their reelection bids.
Houchin wins crowded GOP primary for southern Indiana congressional seat
Former state Sen. Erin Houchin has won the crowded Republican primary for an open congressional seat from a solidly GOP district in southern Indiana.
Justices’ views on abortion in their own words and votes
When the U.S. Supreme Court heard arguments in a major abortion case from Mississippi in December, it was clear to observers that there was substantial support among the court’s conservative majority for overruling two landmark decisions that established and reaffirmed a woman’s right to an abortion. Even before arguments in the current case, however, the justices themselves have had a lot to say about abortion over the years — in opinions, votes, Senate confirmation testimony and elsewhere.
DC reaches $750K settlement in Trump inaugural lawsuit
Former President Donald Trump’s businesses and inaugural committee have reached a deal to pay Washington, D.C., $750,000 to resolve a lawsuit that alleged the committee overpaid for events at his hotel and enriched the former president’s family in the process, according to the District of Columbia’s attorney general.
Interviews scheduled next week for Marion Superior Court vacancy
| IL Staff
Interviews have been scheduled for next week for 23 Hoosier lawyers and judges seeking to fill an impending vacancy on the Marion Superior Court.
Indiana task force releases final eviction report, makes 2 recommendations
Underscoring that money is the root cause of the state’s eviction problem, the Indiana Eviction Task Force has focused its final report on the federal rental assistance funding that is still available and has made recommendations for ways to educate and encourage tenants and landlords to access the financial help.
Opinions May 3, 2022
Indiana Supreme Court
Cole G. Strack v. State of Indiana
22S-CR-137
Criminal. Grants transfer and affirms Cole Strack’s six-year sentence, with two years suspended, for his convictions of operating a vehicle while intoxicated and possession of marijuana. Finds Strack was able to exercise both his right to present evidence at sentencing and his right to allocution after pleading guilty. Also finds any error by the Wells Superior Court was harmless and did not affect Strack’s substantive rights such that reversal was warranted.
Tax Court dismisses law firm’s appeal for lack of jurisdiction
The Indiana Tax Court has dismissed an appeal from an Indianapolis law office that was ordered to pay an outstanding liability after it mislabeled withholding tax returns in 2021, finding the court lacked jurisdiction in the case.
IN Supreme Court: Father’s substantive rights not violated in OWI case involving minor child
A father who was convicted of driving under the influence while his young daughter was in the car will not have his sentence reversed by the Indiana Supreme Court on allocution violation grounds.
Court that rarely leaks does so now in biggest case in years
The U.S. Supreme Court keeps secrets. That is, apparently, until Monday evening.
Indiana GOP lawmakers resisting many hard-right challengers
Frustrated conservatives wanting to push the Republican-controlled Indiana Legislature further to the right are trying to unseat several GOP lawmakers in Tuesday’s primary.
Boy, 14, held in fatal shooting of 17-year-old brother in Kokomo
A 14-year-old boy faces a murder charge in the fatal shooting of his 17-year-old brother in central Indiana.
Supreme Court rules against Boston in Christian flag case
A unanimous U.S. Supreme Court ruled Monday that Boston violated the free speech rights of a conservative activist when it refused his request to fly a Christian flag on a flagpole outside City Hall.
Opinions May 2, 2022
Court of Appeals of Indiana
In Re: The Change of Gender of: O.J.G.S., A Minor, S.G.S.
21A-MI-2096
Miscellaneous. Affirms the Allen Circuit Court’s denial of S.G.S’s petition on remand to change the gender marker on her minor transgender daughter’s birth certificate pursuant to Indiana Code § 16-37-2-10. Finds that I.C. 16-37-2-10 has been improperly interpreted and does not grant Indiana courts the authority to order a change of a gender marker on a birth certificate. Urges the Indiana Supreme Court to speak on the matter. Judge L. Mark Bailey concurs in result with separate opinion. Judge Paul D. Mathias dissents with separate opinion.