Eviction court quick, sometimes painful process
In the rising tide of eviction filings in Indiana, the Wayne Township Small Claims Court in Indianapolis is waterfront property.
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Alito defends SCOTUS at Notre Dame
U.S. Supreme Court Justice Samuel Alito pushed back against critics during a stop in South Bend on Sept. 30, defending the high court’s recent handlings of cases on its emergency docket and accusing the media and certain politicians of making the court appear “sinister.”
‘Cheap, easy, fast’: Evictions caused by debt, fueled by procedures
Legal aid attorneys and policy analysts point to money as the root cause of Indiana’s current eviction crisis. But compounding the already bad situation is the state’s eviction process.
Indy woman tries to aid incarcerated son filing pro se lawsuits against prison guards
A pair of complaints filed in 2021 by Pendleton Correctional Facility inmate Danny Johnson is showing the lawsuits can add to the frustration and sadness felt by the families who have relatives behind bars.
Dible: New, flexible methods available for signing Indiana wills
House Enrolled Act 1255 (P.L. 185-2021) added new signing methods for wills, effective April 29, with no “sunset” date and no dependence on any current or future public health emergency.
IndyBar: The Indianapolis Bar Foundation Day Of Giving One Day, One Donation To Help Thousands
| From IndyBar and Raegan Gibson
The Indianapolis Bar Foundation is hosting its annual Day of Giving on Oct. 27. Through this online fundraiser, with one donation big or small, you have the opportunity to touch thousands of people — your fellow lawyers, law students, and people in need in and around Indianapolis.
COA affirms denial of special exception for shooting range in residential area
A Huntington County man could not convince the Indiana Court of Appeals that the denial of his request for an exception to build a shooting range on his property was a mistake.
Justice Department again presses to halt Texas abortion law
The Biden administration is again urging the courts to step in and suspend a new Texas law that has banned most abortions since early September, as clinics hundreds of miles away remain busy with Texas patients making long journeys to get care.
More Afghans arriving in Indiana to await resettlement
More than 6,600 Afghan refugees who began arriving at the Indiana National Guard’s Camp Atterbury training post nearly six weeks ago are awaiting resettlement.
Opinions Oct. 12, 2021
Indiana Court of Appeals
John Patrick Michaels v. Huntington County, IN Advisory Board of Zoning Appeals (mem. dec.)
21A-PL-00565
Civil plenary. Affirms the denial of John Michaels’ petition to the Huntington County Advisory Board of Zoning Appeals for a special exception that he be permitted to establish and operate an outdoor shooting range on property not zoned for that use. Finds Michaels failed to properly preserve any Second Amendment argument for review and failed to establish an abuse of discretion.
ABA issues guidance to lawyers regarding clients with language differences
| IL Staff
The American Bar Association has released a set of guidelines attorneys can follow when they don’t speak the same language as their clients.
Justices set to hear arguments in Medicaid reimbursement, child victim testimony cases
| IL Staff
The Indiana Supreme Court has set schedules to hear several oral arguments next week.
OWI charges filed against Muncie police officer
A Muncie police officer who allegedly drove with a blood alcohol content of more than twice the legal limit while on the job is now facing misdemeanor drunken driving charges.
Next on FDA’s agenda: Booster shots of Moderna, J&J vaccines
With many Americans who got Pfizer vaccinations already rolling up their sleeves for a booster shot, millions of others who received the Moderna or Johnson & Johnson vaccine wait anxiously to learn when it’s their turn.
Biden undercuts WH executive privilege shield
President Joe Biden has agreed to a request from Congress seeking sensitive information on the actions of his predecessor Donald Trump and his aides during the Jan. 6 insurrection, though the former president claims the information is guarded by executive privilege.
Class certification denied to drivers in toll bridges lawsuit
Finding the group to be too inclusive, a federal judge has denied a motion for class certification filed by drivers who claim they were wrongly charged late fees and fines when they crossed the Ohio River toll bridges.
GOP senator backs Ex-Sen. Donnelly’s pick for Vatican post
One of Indiana’s Republican U.S. senators has endorsed the nomination of Democratic former Sen. Joe Donnelly as the country’s ambassador to the Vatican.
Officers fatally shoot man outside rural Indiana home
Police officers fatally shot a man outside a rural southeastern Indiana home after officials said he pointed a gun at them.
Justices reverse, rule for sister in siblings’ ‘restraint on marriage’ trust dispute
Indiana Supreme Court justices reversed Friday in a dispute between two siblings over a provision in their late mother’s trust regarding her son, holding the provision was not an unlawful restraint on marriage.
Opinions Oct. 11, 2021
The following Indiana Supreme Court opinion was posted after IL deadline on Friday:
Roger D. Rotert v. Connie S. Stiles
21S-TR-00452
Trust. Affirms the Jackson Circuit Court’s entry of summary judgment for Connie Stiles and against her brother, Robert Rotert. Finds that because Rotert’s due-process claim fails on the record, he is not entitled to relief. Also finds that because the probate code’s bar against restraints on marriage does not apply to trusts or gifts to children, Marcille Borcherding’s disposition by a revocable trust to her son is valid. Justice Christopher Goff concurs in result with separate opinion.