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Applications now open for David vacancy on IN Supreme Court
| IL Staff
Indiana attorneys and judges interested in applying to become an Indiana Supreme Court justice can now do so through early February, the high court has announced.
High court to hear negligence, drunken driving cases in January arguments
| IL Staff
The Indiana Supreme Court is scheduled to kick off the new year with two oral arguments on the schedule.
Judge allows WISH-TV’s discrimination suit against AT&T to move forward
A federal judge has ruled that a racial discrimination lawsuit filed against AT&T by Circle City Broadcasting, which owns WISH-TV Channel 8 and WNDY-TV Channel 23, can move forward as the two companies battle over retransmission fees.
Judge blocks COVID vaccine mandate for Head Start program
President Joe Biden cannot require teachers in the Head Start early education program to be vaccinated against COVID-19, a Louisiana federal judge ruled Saturday, handing a victory to 24 states that had sued the federal government.
Indiana lawmakers face debates on vaccine limits, tax cuts
Indiana lawmakers expect to start their new session by quickly diving into a contentious debate over a Republican-backed proposal aimed at limiting workplace COVID-19 vaccination requirements, even as the virus threatens to overwhelm the state’s hospitals.
South Bend woman charged in fatal shooting of girl, 17
A northern Indiana woman has been charged in the slaying of a 17-year-old girl who died days after she was shot while sitting in a car with her boyfriend, authorities said.
Indiana man faces more serious charges in deadly hit-and-run
A northern Indiana man charged in a June hit-and-run crash that killed one teenager and injured a second faces more serious charges.
COA: Murder defendant could not call accomplice to witness stand
The Court of Appeals of Indiana has declined to overturn the conviction of a man who claimed he was denied his constitutional right to present a defense at his murder trial when the trial judge prevented him from calling his accomplice and forcing him to either testify or invoke his Fifth Amendment rights.
Opinions Dec. 30, 2021
Court of Appeals of Indiana
Rhett A. Martin v. State of Indiana
20A-CR-2326
Criminal. Affirms in part and reversed in part Rhett Martin’s conviction and 65-year aggregate sentence for two counts of felony murder and arson. Finds the Benton Circuit Court did not violate Martin’s constitutional right to present a defense when it did not allow to him to force his accomplice to appear before the jury and either testify or assert his right against self-incrimination. Rules the evidence was sufficient to sustain Martin’s conviction and the aggregate sentence was not inappropriate. Reverses the conviction for Count II, felony murder while committing or attempting to commit burglary and Count III, felony murder while committing or attempting to commit robbery.
COA finds homeowner was one-day late in appealing order to demolish his home
An Indiana man failed to craft an argument to convince the Court of Appeals of Indiana that his complaint against the local town’s order for the demolition of his home was timely filed and the statute mandating a town provide 10-day notification of a demolition order is unconstitutional.
Telloyan appointed St. Joseph Superior Court judge
| IL Staff
A Notre Dame adjunct law professor has been tapped to serve as the newest judge on the St. Joseph Superior Court.
COA splits over liquidated damages award in breach of contract suit
A dentist who was fired from her job just weeks after starting because she refused to lower her compensation could not convince the Court of Appeals of Indiana that she should get to keep more than $45,000 in liquidated damages from her breach of contract suit.
COA: Oral agreement between former couple unenforceable by Statute of Frauds
A man who gave his ex-wife nearly $230,000 was unsuccessful in convincing the Court of Appeals of Indiana that they had previously agreed to use the money for a specific purpose and that their oral agreement wasn’t unenforceable under the Statute of Frauds.
COA affirms denial of motion to suppress evidence due to wrong address listed on search warrant
Neither a Lagro man’s federal nor state constitutional rights were infringed upon when sheriff’s deputies searched his home despite having the wrong address listed on their search warrant.
Justices reverse for Clark REMC in dispute over health benefits for former employees
Former Clark County REMC directors weren’t guaranteed health insurance reimbursement in their retirement after a policy change terminated the benefit, the Indiana Supreme Court has ruled. In a Wednesday opinion, the high court reversed Clark Circuit Court’s grant of summary judgment to the plaintiffs after finding the REMC’s policy was not a binding contract because the policy wasn’t an offer.
Holcomb ‘stunned’ by Rokita’s suggestion that pandemic stats are inflated
Indiana Gov. Eric Holcomb slammed Attorney General Todd Rokita for comments he made in an interview this month suggesting the state is inflating its COVID-19 numbers.
Conservative commotion steering Indiana lawmakers on schools
Commotion in some school districts over topics ranging from COVID-19 mask mandates to teaching about racial injustice has Indiana Republican lawmakers looking at steps they argue will give parents more sway over what happens in classrooms.