COA: Arbitration order not a final judgment up for appeal
In a dispute between neighbors over a dock being built on a shared lake, the Indiana Court of Appeals has dismissed the plaintiff’s appeal.
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Legislature joins governor in asking Indiana Supreme Court to rule on emergency powers dispute
Disputing that an emergency actually exists, the Indiana General Assembly is still supporting Gov. Eric Holcomb’s petition requesting that the Indiana Supreme Court undertake an immediate review of House Enrolled Act 1123 and decide if the Legislature has the power to convene its own special sessions.
2 charged in connection with 7-year-old’s crosswalk death
Two people have been charged in connection with an Indianapolis vehicle crash that killed a 7-year-old girl in a crosswalk and seriously injured her mother and a crossing guard.
FBI probing fire, slur at Black Indiana councilman’s home
A fire that badly damaged a Black city council member’s home in eastern Indiana is being investigated by the FBI after a racial slur was found spray painted at the house.
SCOTUS questions controversial Texas abortion law
A majority of the Supreme Court signaled Monday they would allow abortion providers to pursue a court challenge to the controversial Texas law that has virtually ended abortion in the nation’s second-largest state after six weeks of pregnancy.
U.S. Supreme Court won’t hear case involving transgender rights
The U.S. Supreme Court is declining to wade into a case involving transgender rights and leaving in place a lower court decision against a Catholic hospital that wouldn’t allow a transgender man to have a hysterectomy there.
US prisons face staff shortages as officers quit amid COVID
Staff shortages have long been a challenge for prison agencies, given the low pay and grueling nature of the work. But the coronavirus pandemic — and its impact on the labor market — has pushed many corrections systems into crisis.
Conviction reversed after COA finds fundamental error over prior crimes
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
Applications available to succeed Jones on Marion Superior Court
| IL Staff
Applications are now open for an upcoming vacancy on the Marion Superior Court, the Indiana Supreme Court announced Monday.
COA: Attorney fees sanction appropriate for discovery violation
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.
Opinions Nov. 1, 2021
Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.
Lang temporarily filling judicial seat of late Judge Boswell
| IL Staff
Senior Judge Kathleen Lang has been appointed judge pro tempore in Lake Superior Court, Criminal Division 3, filling the seat vacated by the unexpected death of Judge Diane Ross Boswell on Oct. 19.
Drug pricing enforcement action against Lilly blocked by federal court
The federal government’s assertion that Eli Lilly and Co. violated a program to offer low-income Medicaid and Medicare patients discounted drugs was tossed by the U.S. District Court for the Southern District of Indiana in a 65-page opinion, which also hinted that Congress needs to address the problems with the 340B Drug Pricing Program.
Trial rules amended to address service by electronic means
| IL Staff
New language has been added to Indiana’s trial rules to broaden the scope of electronic service.
Could 2022 be the year for marijuana legalization in Indiana?
Eyes will once again be on Indiana next year to see if lawmakers will loosen the state’s marijuana laws as neighboring states continue to cash in on legal weed.
Indiana ‘abortion complications’ reporting law takes effect after 3 years
A federal appeals court has cleared the way for Indiana officials to start enforcing a law requiring reports from doctors if they treat women for complications arising from abortions, even though the court said the law could be struck down in the future.
Holcomb extends COVID-19 orders but change is contemplated
Indiana Gov. Eric Holcomb has extended COVID-19 executive orders through November but suggested they might be scaled back by December.
High court adds climate change, immigration cases to docket
Over the objections of the Biden administration, the Supreme Court agreed Friday to consider a climate change case that could limit the Environmental Protection Agency’s authority to curb greenhouse gas emissions. The court also said it would hear a Republican-led immigration challenge.
Fort Wayne man who alleged self-defense guilty in wife’s death
A northeastern Indiana man has been convicted in the March slaying of his wife, whom he claimed he shot after she threw a knife at him.
Ahead of Rittenhouse trial, race seen as underlying issue
Kyle Rittenhouse, the aspiring police officer who gunned down three people in Kenosha, Wisconsin, during a protest against racism and police brutality, is white. So were those he shot. But for many, his trial next week will be watched closely as the latest referendum on race and the American legal system.