Pelosi’s husband arrested on suspicion of DUI in California
Paul Pelosi, the 82-year-old husband of U.S. Speaker of the House Nancy Pelosi, was arrested this weekend on suspicion of DUI in Northern California, police records showed Sunday.
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Senator bucks legislative leadership, announces study of direct representation for kids in CHINS, TPR cases
| IL Staff
Although the Legislative Council rejected a request to study the topic of providing attorneys to children in the child welfare system, Indiana state Sen. Jon Ford plans to keep pushing the matter by convening an independent study group to examine the issue.
As other states diversify, Indiana Supreme Court stays all-white, mostly male
Indiana is one of 20 states that has no Black, Latino, Asian American or Native American justices sitting on its Supreme Court, even though people of color make up 23% of the state’s population, according to a new report issued by the Brennan Center for Justice.
Neighborhood Christian Legal Clinic finds new leader at INDOT
The Neighborhood Christian Legal Clinic has hired Erin Hall, an Indianapolis attorney who has spent the bulk of her career in state government, as the nonprofit’s new executive director. She will join the clinic June 1.
Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Opinions May 27, 2022
Court of Appeals of Indiana
Mark Dickinson v. State of Indiana (mem. dec.)
21A-CR-1615
Criminal. Affirms Mark Dickinson’s convictions for Level 4 felony criminal confinement, Class A misdemeanor domestic battery, Level 6 felony intimidation and Level 6 felony strangulation. Finds Dickinson’s trial counsel did not render ineffective assistance by failing to object to the prosecutor’s questions.
Indiana Lawyer accepting submissions for 2022 Corporate Counsel Guide
| IL Staff
Indiana Lawyer is now accepting submissions for its 2022 Corporate Counsel Guide, which will be made available exclusively through an online database.
No charges for FBI agents in botched Larry Nassar probe
The U.S. Justice Department said Thursday it will not pursue criminal charges against former FBI agents who failed to quickly open an investigation of sports doctor Larry Nassar despite learning in 2015 that he was accused of sexually assaulting female gymnasts.
Senators talk expanded gun background checks, red flag laws
A bipartisan group of senators is considering how Congress should respond to the horrific shooting of 19 children and two teachers in Uvalde, Texas, restarting gun control talks that have broken down many times before.
Justices to rule in gun case with US raw from mass shootings
With mass shootings in Texas, New York and California fresh in Americans’ mind, the U.S. Supreme Court will soon issue its biggest gun ruling in more than a decade, one expected to make it easier to carry guns in public in some of the nation’s largest cities.
Justices won’t block Biden policy on ‘social cost of carbon’
The U.S. Supreme Court on Thursday allowed the Biden administration to use a higher estimate, challenged by Republican-led states, for calculating damages to people and the environment from greenhouse gas emissions.
Detention hearing waived in plot to kill George W. Bush
An Iraqi man behind bars following his arrest on a charge of plotting to assassinate former President George W. Bush has waived his right to a detention hearing and will remain behind bars for now, according to a court document filed Thursday.
Trump loses appeal, must testify in New York civil probe
Former President Donald Trump must answer questions under oath in the New York attorney general’s civil investigation into his business practices, a state appeals court ruled Thursday, rejecting his argument that he should be excused from testifying because his answers could be used in a parallel criminal probe.
Indiana Republicans still pushing for special session on abortion if Roe overturned
As Indiana Republican leaders say they continue to support a special session to consider further restricting abortion access in the Hoosier State should the U.S. Supreme Court overrun Roe v. Wade, one legislator said the women in the Indiana General Assembly could have a significant impact on any resulting laws.
7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Pryor may have easier path to 7th Circuit confirmation than past nominees
Now that she has been nominated to the 7th Circuit Court of Appeals, Magistrate Judge Doris Pryor of the Southern Indiana District Court is facing a journey to the appellate bench that has not always been smooth for Indiana judges tapped by Democratic presidents.
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Opinions May 26, 2022
Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.
Prosecutor: Greene Co. police chief justified in fatal shooting
A southwestern Indiana police chief was justified when he fatally shot a man in April who was threatening people while armed with a knife, a prosecutor said.