Indiana teen charged in death of girl, 6, to remain in jail
A 15-year-old boy accused of molesting and fatally strangling a 6-year-old northern Indiana girl last year will remain held at a county jail as he awaits trial, a judge says.
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Graham says he’ll vote ‘no’ on Jackson for Supreme Court
Republican Sen. Lindsey Graham said Thursday he won’t vote for U.S. Supreme Court nominee Ketanji Brown Jackson, expressing concerns about her record despite supporting her confirmation as an appeals court judge last year.
$14M jury award for protesters could resonate around US
A federal jury’s $14 million award to Denver protesters hit with pepper balls and a bag filled with lead during 2020 demonstrations over the police killing of George Floyd in Minneapolis could resonate nationwide as courts weigh more than two dozen similar lawsuits.
COA: Open door lawsuit requires a bond to continue
Residents of Cass County who challenged the local government’s actions to lure a zinc oxide manufacturing facility to their community will have to put more skin in the game to continue their fight after the Court of Appeals of Indiana found they filed a public lawsuit that requires the setting of a bond.
Unchanged situation justifies custody reversal, COA rules
Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.
Interest exclusion in foreclosure case based on pandemic emergency orders reversed
A bank seeking to foreclose on an Indiana property can collect interest accrued during the early days of the COVID-19 pandemic despite emergency court orders tolling interest, the Court of Appeals of Indiana has ruled.
Split COA affirms dismissal of adult charge against man for alleged acts as teen
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.
Opinions March 31, 2022
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.
COA allows students’ COVID breach complaints against IU, Purdue to proceed
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.
Tax Court: Racetrack’s 2020 tax assessment upheld after failure to appear
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.
EXPLAINER: What the law says about presidential records
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.
Restorative justice resolves alleged assault at Indiana lake
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.
Couple accused in Indiana barn burnings face more charges
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.
Motorist dead after police chase, apparently shot himself
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.
IN justices: Forfeited funds can’t be released for defense, but summary judgment for state was inappropriate
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 joins 21-state challenge to federal mask mandate
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.
No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
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.
U.S. Supreme Court to hear case that could affect Indiana pork farmers
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.
Opinions March 30, 2022
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.
Indianapolis man gets 10 years for violent actions during Oregon protests
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.