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Determining the heart of the issue was “a lack of clarity in the Indiana Code,” a split Court of Appeals of Indiana panel ruled an adult criminal court rightly dismissed, for lack of jurisdiction, a child molesting charge against a man who allegedly forced a preteen to have sex with him when he was 16.
Court of Appeals of Indiana
The Trustees of Indiana University v. Justin Spiegel; The Trustees of Purdue University v. Elijah Seslar, Zachary Church, Jordan Klebenow, and Luke McNally
21A-CT-175
Civil tort. Affirms the denial of Indiana University’s motion for judgment on the pleadings and Purdue University’s motion to dismiss following complaints filed by university students after in-person classes were canceled and university facilities were closed due to the COVID-19 pandemic. Finds the Monroe Circuit Court and Tippecanoe Superior Court did not err.
Lawsuits filed by students at Indiana and Purdue universities alleging breaches of contract when the schools moved to online learning because of the COVID-19 pandemic will proceed, the Court of Appeals of Indiana has ruled.
A man who failed to appear at two telephonic hearings for the appeal of his racetrack’s 2020 property tax assessment did not convince the Indiana Tax Court that a final determination against him should be overturned.
Revelations of a roughly eight-hour gap in official records of then-President Donald Trump’s phone calls on the day of last year’s insurrection at the U.S. Capitol are raising fresh questions about the diligence — or lack thereof — of his record keeping.
A judge says restorative justice was successfully used for one of the first times in Indiana to remediate a confrontation in which a Black man said a group of white men assaulted him and threatened to “get a noose” while at a southern Indiana lake more than a year ago.
A couple accused of torching eight barns last year in a northern Indiana county now face charges alleging that they also set fire to an Amish school in an adjacent county.
A police chase of a car that began early Wednesday afternoon in Indianapolis ended about 20 miles away near Brownsburg when the driver died of an apparent self-inflicted gunshot wound, authorities said.
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
Indiana Attorney General Todd Rokita has joined a federal lawsuit filed by the state of Florida seeking to repeal the federal mandate requiring individuals to wear masks when traveling by public modes of transportation including airplanes, trains, road vehicles and ships.
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
The U.S. Supreme Court said this week that it has agreed to hear a case brought by the National Pork Producers Council and the American Farm Bureau Federation against California’s Proposition 12, which could have an impact on Indiana’s 3,000 pork producers.
7th Circuit Court of Appeals
Donald G. Karr, Jr. v. Mark R. Sevier, Warden
21-2463
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Civil. Affirms the denial of Donald Karr’s petition for habeas relief after he was convicted in state court of rape and domestic battery. Finds Karr fails to show he was prejudiced by his trial counsel’s purported errors. Also finds that a U.S. Supreme Court equitable exception that excuses procedural defaults, including the six claims Karr procedurally defaulted in state court, does not apply to insubstantial claims such as the ones Karr presents for ineffective assistance of trial counsel, nor does it apply in this procedural posture.
A man from Indiana accused of hurling Molotov cocktails at police in Portland, Oregon, and breaking windows during 2020 protests against police brutality was sentenced to 10 years in prison.
Indiana’s state government is selling off nearly $150 million of Russian-related investments as the governor said he’s looking at ways the state could help Ukrainian refugees fleeing from the Russian invasion of their country.
Maine Sen. Susan Collins said Wednesday she will vote to confirm Judge Ketanji Brown Jackson, giving Democrats at least one Republican vote and all but assuring Jackson will become the first Black woman on the Supreme Court.
The U.S. Supreme Court on Tuesday cast doubt on Texas’ claim that it can’t be sued by a former state trooper who says he was forced out of his job when he returned from Army service in Iraq.
Americans 50 and older can get a second COVID-19 booster if it’s been at least four months since their last vaccination, a chance at extra protection for the most vulnerable in case the coronavirus rebounds.
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Given that what federal judges do with their money outside the courthouse has raised questions about whether they are ruling in favor of their financial interests inside the courtroom, the federal judiciary is making changes that members of the legal community and court observers say are good but do not go far enough.
