Biden administration officially withdraws vaccine rule
The Biden administration has officially withdrawn a rule that would have required workers at big companies to get vaccinated or face regular COVID testing requirements.
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Michigan settlement lets faith agencies deny LGBT adoptions
Faith-based adoption agencies that contract with the state of Michigan can refuse to place children with same-sex couples under a proposed settlement filed in federal court Tuesday, months after the U.S. Supreme Court ruled for a Catholic charity in a similar case.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA affirms expungement denial following remand from Supreme Court
The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.
City threatens nuisance suit against owner of troubled Nora apartment complex
Indianapolis Mayor Joe Hogsett’s administration on Tuesday threatened suit against the ownership of a Nora-area apartment complex that’s racked up hundreds of health and building code violations.
Opinions Jan. 25, 2022
Indiana Supreme Court
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
21S-PL-294
Civil plenary. Affirms and reverses in part the dismissal of a complaint for breach of the implied warranty of habitability and for negligence filed by The Residences at Ivy Quad Unit Owners Association Inc. against defendants Matthews LLC, DMTM Inc., David Matthews and Velvet Canada. Finds David Matthews and Velvet Canada are builder-vendors and therefore could be held liable for breach of the implied warranty of habitability. Also finds DMTM Inc. and Matthews LLC were not builder-vendors. Finally, finds that although the economic loss doctrine may preclude recovery on the negligence claim as the facts mature, dismissal at this stage is premature. Remands for proceedings consistent with the opinion.
Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
7th Circuit affirms enhanced sentencing despite SCOTUS changes to Armed Career Criminal Act
A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.
7th Circuit overturns summary judgment, gives inmate another chance to litigate grievance
An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”
Indiana lawmakers advance bill banning transgender athletes
Indiana lawmakers advanced a Republican-backed bill Monday that would ban transgender women and girls from participating in school sports that match their gender identity.
DC, Indiana, other states sue Google saying it invades users’ privacy
The District of Columbia and three states including Indiana are suing Google for allegedly deceiving consumers and invading their privacy by making it nearly impossible for them to stop their location from being tracked.
Afghan resettlement work wrapping up at Indiana Guard base
Officials on Monday marked the winding down of work at the Indiana National Guard’s Camp Atterbury training base that has helped resettle about 7,200 Afghan refugees in the U.S. since September.
Justices to weigh limits on reach of Clean Water Act
The Supreme Court said Monday it will consider reining in federal regulation of private property under the nation’s main anti-water pollution law, the Clean Water Act.
High court won’t hear pandemic proxy voting dispute
The Supreme Court has rejected a challenge from House Republican leader Kevin McCarthy to the proxy voting system that Democrats put in place in response to the coronavirus pandemic.
Tenants go to Statehouse to share stories, advocate for fairer treatment
Several Indiana renters took turns stepping up to the microphone in the Statehouse’s north atrium and sharing their stories during the Tenants Day of Action.
Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.
Opinions Jan. 24, 2022
Court of Appeals of Indiana
Britni N. Wihebrink v. State of Indiana
21A-CR-1749
Criminal. Affirms Britni Wihebrink’s sentence to 30 years, entered pursuant to a plea agreement capping her sentence for a Level 1 felony at 30 years. Finds that because Wihebrink’s argument is not one of illegality under Crider v. State, 984 N.E.2d 618 (Ind. 2013), she did not have the right to challenge her sentence on direct appeal because her plea agreement waived the right to appeal her sentence. Also finds Wihebrink is not an “eligible defendant” under Post-Conviction Rule 2. Judge Edward Najam dissents with separate opinion.
Indianapolis attorney reinstated after suspension for lying on law school, bar applications
| IL Staff
An Indianapolis attorney who was previously suspended for lying on his law school and bar admission applications may once again practice law in the Hoosier State.
Assessment and Intervention Center takes on broad mandate
When Indianapolis’ Assessment and Intervention Center opened in December 2020, it did so in the middle of the construction site that has become the Community Justice Campus, during what was then the deadliest and most infectious month of the pandemic. Since then, the AIC, originally intended to divert low-level, nonviolent offenders from Marion County’s criminal justice apparatus, has conducted more than 1,700 assessments for Indianapolis residents struggling with mental health or substance abuse disorders.
Former Adams Co. judge banned from judicial service for life following campaign-related misconduct
| IL Staff
A former Adams County Drug Court judge has been banned from judicial service in Indiana for life after violating judicial conduct rules related to his failed 2020 reelection campaign.