Jackson will join more diverse and conservative high court
Judge Ketanji Brown Jackson will join a U.S. Supreme Court that is both more diverse than ever and more conservative than it’s been since the 1930s.
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Appeals court OKs Biden federal employee vaccine mandate
President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court.
IU Maurer dean Parrish leaving to lead UC-Irvine law school
Austen Parrish, dean of the Indiana University Maurer School of Law and one of the 25 longest-serving law school deans in the country, will be stepping down from the Bloomington institution to become dean of University of California, Irvine School of Law in Irvine, California.
Jackson confirmed as first Black female high court justice
The Senate confirmed Ketanji Brown Jackson to the U.S. Supreme Court on Thursday, shattering a historic barrier by securing her place as the first Black female justice and giving President Joe Biden a bipartisan endorsement for his effort to diversify the court.
Tippecanoe School Corp. wins summary judgment on injured cheerleader’s negligence claim
The Tippecanoe School Corporation has secured summary judgment against a student’s negligence claim after the Court of Appeals ruled in its favor following a cheerleader’s injury.
COA: Trial court didn’t properly instruct jury in drug-induced homicide case
A trial court’s erroneous decision to reject a defendant’s proposed preliminary instructions has led to the reversal of the defendant’s drug dealing conviction. But the Court of Appeals of Indiana left open the possibility of a retrial due to other significant evidence, including evidence of text messages sent and received by a man who died of a drug overdose.
Opinions April 7, 2022
Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.
Fight over special session bill arrives at Indiana Supreme Court
The Indiana Supreme Court looked closely at the state’s constitution, peppered attorneys with questions and, at times, appeared skeptical of the answers during an hourlong oral argument as the justices waded into the Statehouse feud over who has the authority to call the Indiana Legislature into special session.
7th Circuit: IN Legislature, not state, was employer of women who accused former AG Hill of groping
Three of the four women who accused former Indiana Attorney General Curtis Hill of groping them cannot sue the state under Title VII, the 7th Circuit Court of Appeals has ruled, finding the legislative staffers were employed by the Indiana House and Senate, not the state itself.
Delaware County jail officer fired over PepperBall incident
A correctional officer at the Delaware County jail has been fired after allegedly firing a PepperBall into a cellblock, striking a prisoner with the projectile, authorities said Wednesday.
Senate poised to confirm Jackson to Supreme Court
The Senate is expected to confirm Supreme Court nominee Ketanji Brown Jackson on Thursday, securing her place as the first Black woman on the high court and giving President Joe Biden a bipartisan endorsement for his historic pick.
Police: Officer seriously hurt, suspect takes own life
An eastern Indiana police officer was assaulted and seriously injured by a man driving a stolen semi-tractor trailer who later took his own life following a police pursuit, police said.
Former Indiana AG Hill leading mock grand jury against Fauci, website says
Former Indiana Attorney General Curtis Hill has a new job as the lead on the legal team in a fake grand jury to investigate Dr. Anthony Fauci, according to the organizing group’s website.
Opinions April 6, 2022
Court of Appeals of Indiana
State of Indiana v. Lamar Fox
21A-CR-2445
Criminal. Reverses the grant of Lamar Fox’s motion to suppress. Finds the home detention contract Fox signed explicitly stated he waived his Fourth Amendment and state constitutional rights. Also finds State v. Ellis, 167 N.E.3d 285 (Ind. 2021), applies.
Separate pleading not needed in Medicaid reimbursement dispute, Indiana Supreme Court rules
In a lesson to the lower courts about judicial economy, the Indiana Supreme Court has overturned a ruling that had prevented a health care provider from obtaining a declaratory judgment as to whether it could charge patients for the cost of nonformulary over-the-counter medications.
Tax exemption for Indy neighborhood’s ‘green space’ upheld
A green space in an Indianapolis residential subdivision should have received a common area property tax exemption for the 2016 and 2017 tax years, the Indiana Tax Court has affirmed.
COA reverses suppression of evidence found in hotel room based on home-detention rights waiver
The Court of Appeals of Indiana has reversed the suppression of evidence found during the search of a man’s hotel room after determining the defendant had waived his constitutional search-and-seizure protections in a home detention agreement.
Reversal: Man seeking to restore gun rights can proceed in state court
A man seeking to restore his right to possess a firearm following his conviction for battery against his wife can proceed with his restoration proceedings in state court after the Court of Appeals of Indiana overturned a finding that the man needed to take his case to federal court.
Carmel man gets 2 years in federal prison for defrauding ad agency
A 39-year-old Carmel man was sentenced to two years in federal prison Tuesday for defrauding the Indianapolis-based advertising and public relations agency where he worked out of more than $700,000.
Gary man gets 103 years for shooting woman dead, burning car
A Lake County judge sentenced a Gary man to more than 103 years in prison Tuesday for fatally shooting his girlfriend and leaving her body in a car he set ablaze.