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Bill allowing Level 6 felons to go to DOC headed to governor’s desk
A bill allowing Level 6 felony offenders to serve their sentences in the Indiana Department of Correction for mental health and addiction treatment is headed for the governor’s desk.
1 week left to submit ’22 Leadership in Law nominations
| IL Staff
There’s only one week left to submit your nominations for the 2022 Indiana Lawyer Leadership in Law Awards.
Noblesville High School seeks dismissal of lawsuit filed by pro-life student
Noblesville School District and Noblesville High School are asking a federal court to dismiss a lawsuit brought by a freshman who alleged her rights were violated because she was not allowed to start a student pro-life club.
SCOTUS justices wrestle with EPA power to curb carbon emissions
The Supreme Court of the United States wrestled Monday with the Environmental Protection Agency’s authority to curb greenhouse gas emissions from the nation’s power plants, a case that could hamstring the Biden administration’s plans to combat climate change.
Many Capitol riot cases could hinge on 1st trial’s outcome
The Justice Department launched one of the largest and most complex criminal investigations in its history after a mob of Donald Trump supporters stormed the U.S. Capitol over a year ago. Now it’s time for a jury to hear some of the government’s evidence about the unparalleled attack on American democracy.
Indiana GOP lawmaker apologizes for remark on Black students
A top Republican Indiana legislator on education policy has apologized for comments suggesting Black students don’t perform better academically because they lack “respect for learning.”
Indiana House unanimously supports sanctions against Russia
The Indiana House unanimously supported sanctions against Russia, just hours after the commencement of Russia’s invasion of Ukraine last week.
Indiana classroom transparency bill stalls in GOP-run Senate
An Indiana education proposal that drew criticism for originally aiming to place broad restrictions on teaching about racism and political topics took a major blow Monday when Republican state senators did not advance the bill.
Opinions Feb. 28, 2022
Court of Appeals of Indiana
James Louis Warren v. State of Indiana
21A-CR-247
Criminal. Affirms James Warren’s convictions for level 2 felony dealing in methamphetamine, Level 6 felony possession of a controlled substance while in possession of a firearm and Level 6 felony maintaining a common nuisance but vacates the Howard Superior Court’s sentencing order. Finds any error in the admission of evidence was harmless. Also finds the trial court erred by denying Warren’s request to exercise his right to be physically present during his sentencing hearing. Remands with instructions for the trial court to hold a sentencing hearing where Warren is physically present.
7th Circuit finds insurance co. has to defend USA Gymnastics against Nassar-related claims
A split 7th Circuit Court of Appeals panel has affirmed Liberty Insurance Underwriters Inc. must defend USA Gymnastics against the lawsuits filed by the athletes and affiliated gyms arising from Larry Nassar sexually assaulting hundreds of girls and young women over decades.
Indiana Supreme Court reverses ruling on MCS-90 endorsement
A trucking company and its driver involved in a fatal collision will not be able to rely on the insurance company’s MCS-90 endorsement after the Indiana Supreme Court ruled the coverage does not apply to an accident during an intrastate trip where non-hazardous materials were being transported.
Seymour lawyer suspended for false statements against judge
A Seymour attorney has been suspended from the practice of law in Indiana for knowingly making false statements about a judge’s qualifications.
Appellate court finds copy of video evidence properly entered as evidence in burglary case
A copy of a video originally taken by a home security device was properly entered as evidence in convicting an Indiana man of burglary, according to the Court of Appeals of Indiana.
COA: Child molester’s multiple felony convictions pass Wadle test
A man’s convictions of two felony counts of child molesting don’t violate double jeopardy principles, according to the Court of Appeals of Indiana.
Appellate court again declines to pierce corporate veil on rehearing
An Indianapolis man who won $3,000 in a small claims dispute with a fencing company but lost in his bid to pierce the corporate veil has also lost his arguments on appellate rehearing.
Drug offender to get new sentencing hearing after trial court sentencing error
An Indiana man had his rights infringed upon when a trial court denied his request to be physically present during his sentencing hearing, the Court of Appeals of Indiana has affirmed.
COA affirms TPR for mother of chronically ill son
A trial court didn’t err when it terminated the parental rights of a mother to her chronically ill son after multiple attempts were made to remedy the situation, the Court of Appeals of Indiana has affirmed.
Drug offender wrongfully placed in DOC instead of county jail, COA rules
A trial court abused its discretion when it ordered a man to spend 1½ years in the Indiana Department of Correction for Level 6 felony drug possession charges, the Court of Appeals of Indiana has affirmed.
Cook Medical legal battle one of largest in state history
The sprawling case against Cook Medical, the Bloomington-based maker of medical devices, has ballooned into one of the largest and longest civil actions in Indiana history.