COA awards city of Carmel attorney fees in dispute over mayor’s emails
A lengthy legal dispute over obtaining emails from Carmel’s mayor stemming from a local summer camp incident has led to the city winning attorney fees twice.
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7th Circuit affirms denial of suppression of evidence from traffic stop
An Indiana man arrested during a traffic stop for possession with intent to distribute a controlled substance has not convinced the 7th Circuit Court of Appeals the officer that pulled him over conducted an illegal search.
Indiana pays nearly $520,000 to law firm for governor’s suit
The Indiana governor’s office racked up more than $500,000 in legal bills for its successful court fight against an attempt by state legislators to give themselves more power to intervene during public health emergencies.
SCOTUS returns challenged Indiana ‘parental notification’ law to 7th Circuit following Dobbs
| IL Staff
The U.S. Supreme Court has returned to the 7th Circuit Court of Appeals a decision challenging an Indiana law that would require parents to be notified if a court approves an abortion for a minor child without parental consent.
Former St. Joseph Co. referee admonished for suspending parenting time based on unauthorized ex parte information
| IL Staff
A former St. Joseph County referee has avoided formal discipline after she temporarily suspended a father’s parenting time based on notes she received from a guardian ad litem that she later refused to share with the father and his counsel.
Former Twin Creeks resident ordered to pay more than $225,000 for creating hostile environment
The Southern Indiana District Court has ordered an Indianapolis homeowner to pay more than $225,000 in damages and attorney fees for allegedly harassing, taunting and threatening her African American and Latino neighbors.
Decision by SCOTUS might slow transition to cleaner energy
The Supreme Court ruling limiting the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants could have far-reaching consequences for the energy sector—and make it harder for the Biden administration to meet its goal of having the U.S. power grid run on clean energy by 2035.
Supreme Court to hear case on state authority over elections
The Supreme Court on Thursday agreed to hear an appeal from North Carolina Republicans that could drastically limit state court authority over congressional redistricting, as well as elections for Congress and the presidency.
Supreme Court says several gun cases deserve a new look
The U.S. Supreme Court said Thursday that gun cases involving restrictions in Hawaii, California, New Jersey and Maryland deserve a new look following its major decision in a gun case last week.
Justice David honored during final Supreme Court oral argument in Boone Co.
Leaving the grandeur of its Statehouse courtroom, the Indiana Supreme Court took to the road Thursday for a special traveling event in honor of Justice Steven David’s final oral argument. The high court ventured to Boone County, David’s former judicial home of more than 15 years, for his final oral argument as a member of the Supreme Court.
COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation
Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.
Opinions June 30, 2022
Court of Appeals of Indiana
Brian Young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor, and Scott Hanley v. South Bend Common Council v. South Bend City Administration
21A-MI-1049
Miscellaneous. Affirms and reverses in part the dismissal of Brian young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor and Scott Hanley’s claims for declaratory and injunctive relief alleging violations of the Federal Wiretap Act and the Indiana Wiretap Act. Finds the trial court erred in dismissing the original intervenors’ declaratory judgment complaint for lack of subject matter jurisdiction, but the original intervenors’ argument regarding their dismissal as interpleader defendants is essentially moot. Finds the trial court erred in limiting the new intervenors’ litigation to the cassette tapes. Finally, finds remand is appropriate for development of a factual record and a final determination of the legality of all the interpled recordings.
Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights
A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.
COA rejects evidentiary challenges, upholds murder conviction
With the dying words of his victim and cellphone records against him, an Indiana murderer failed to get his conviction overturned by the Court of Appeals of Indiana on Thursday.
Grant of PCR petition upheld after lawyer withheld disciplinary actions
Despite being “caught at the scene of the crimes,” the Court of Appeals of Indiana has affirmed post-conviction relief for a man who pleaded guilty to burglary based on the advice of an attorney who was hiding the fact that he was planning to resign from the Indiana bar for disciplinary reasons.
Supreme Court: Biden properly ended Trump-era asylum policy
The U.S. Supreme Court ruled Thursday that the Biden administration properly ended a Trump-era policy forcing some U.S. asylum-seekers to wait in Mexico.
U.S. Supreme Court limits EPA in curbing power plant emissions
In a blow to the fight against climate change, the U.S. Supreme Court on Thursday limited how the nation’s main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.
The Bail Project loses bid to stop ‘charitable bail’ bill from taking effect Friday
The Bail Project has failed to convince a federal judge to prevent a new law from going into effect tomorrow that will limit whom it can bail out of jail.
Simon secures $5.5M ruling over theater chain for absent rent
Indianapolis-based shopping center giant Simon Property Group is in line to recoup about $5.5 million in unpaid rent from a national movie theater chain after a judge ruled the COVID-19 pandemic didn’t excuse the company from its financial obligations.
Jackson sworn in, becomes 1st Black woman on Supreme Court
Ketanji Brown Jackson has been sworn in to the Supreme Court, shattering a glass ceiling as the first Black woman on the nation’s highest court.