Ex-Indiana mayor stays free for appeal of bribery conviction
A former northwestern Indiana mayor is being allowed to stay out of prison while he appeals his conviction on bribery and tax evasion charges.
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Student sues Noblesville High School, claiming school prohibited pro-life club
Alleging Noblesville High School prevented a freshman from organizing a pro-life club because the group’s “political agenda is not aligned with the administration’s agenda,” the student, her parents and her club, Noblesville Students for Life, have filed a lawsuit against the school and several faculty members for violating the rights of free speech and association.
Split justices eliminate proximity rule for emotional distress claims
A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.
Opinions Dec. 23, 2021
The following opinions were posted after IL deadline on Wednesday:
7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.
7th Circuit affirms for ruling collections company in credit information dispute
A collections company’s compliance procedures were reasonable and met the requirements of the Fair Credit Reporting Act in its pursuit of collecting from an Indiana woman, the 7th Circuit Court of Appeals has ruled.
Pendleton Heights Gay-Straight Alliance wins injunction for access to school resources
A central Indiana school district must give the local high school’s gay-straight alliance access to the same advertising and fundraising resources as other noncurricular organizations, a federal judge has ruled, issuing an injunction after finding a violation of the Equal Access Act.
Buckingham named IPAC president, others honored at winter conference
| IL Staff
The Indiana Prosecuting Attorneys Council honored numerous individuals at its annual winter conference this month and named Hamilton County Prosecutor Lee Buckingham as president of the Association of Indiana Prosecuting Attorneys for 2022.
Applications now open for 2022 ICLEO Summer Institute
| IL Staff
Applications are now being accepted for the 2022 Indiana Conference for Legal Education Opportunity program.
Supreme Court grants 3 transfer petitions, denies 11
| IL Staff
A petition to transfer in a dispute over the removal of highway billboards split the Indiana Supreme Court but did not gain enough votes to be heard by the justices.
Report: 11 executions in 2021 mark three-decade low
States and the federal government carried out 11 executions this year, the fewest since 1988, as support for the death penalty has continued to decline.
DOJ says inmates on home confinement can stay out of prison
The Justice Department on Tuesday reversed its own legal opinion and said it would allow federal inmates released on home confinement because of the coronavirus pandemic to stay out of prison.
Fort Wayne woman charged in death of 9-year-old stepson
A Fort Wayne woman has been charged in the death of her 9-year-old stepson, who died last weekend at a hospital after suffering blunt force injuries.
High court to hold special session on vaccine requirements
The Supreme Court says it will hold a special session in just over two weeks to weigh challenges to two Biden administration policies covering vaccine requirements for millions of workers, policies that affect large employers and health care workers.
Opinions Dec. 22, 2021
Court of Appeals of Indiana
Albert Guthery v. State of Indiana
21A-CR-711
Criminal. Affirms Albert Guthery’s convictions for dealing in cocaine as a Level 2 felony and dealing in methamphetamine as a Level 2 felony, and his sentence to an aggregate of 25 years, with 10 years executed in the Department of Correction, 10 years executed in community corrections and five years suspended, including three years of probation, enhanced by six years for being a habitual offender. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence garnered from a traffic stop. Also finds Guthery’s sentences for dealing in meth and being a habitual offender did not constitute an impermissible double enhancement, nor is his sentence inappropriate in light of his offenses and his character.
Appellate court allows enhanced sentence to stand
An Indianapolis man who described his offenses as “being in a truck with drugs and a gun” was unable to get his sentence reduced after the Court of Appeals of Indiana rejected his argument that his six-year enhancement for being a habitual offender was an impermissible double enhancement.
ILAS sets ambitious goal for annual holiday fundraiser
The cards have been mailed and the team captains continue to encourage colleagues to donate as the Indianapolis Legal Aid Society moves forward with a ramped-up holiday campaign that has a goal of raising $400,000 — nearly double the record amount received in 2020.
COA: Injured construction worker was independent contractor, not employee
A construction worker injured in a building collapse was, in fact, an independent contractor, the Court of Appeals of Indiana has concluded, rejecting an earlier finding that the worker was actually an employee of the company he sued.
COA affirms denial of motion to drop unlawful possession of a firearm charge
An Indianapolis man will not have his charge of unlawful possession of a firearm by a serious violent felon dropped, as the Court of Appeals of Indiana affirmed his constitutional rights weren’t infringed upon when the state applied Indiana Code § 35-47-4-5 to his case.
AG Rokita sues Biden administration over preschool masks, vaccine mandates
Indiana Attorney General Todd Rokita has joined attorneys general in 23 other states in a lawsuit against the Biden administration over mask and vaccine mandates the federal government imposed on all preschool programs funded by the federal Head Start program.
Pfizer pill becomes 1st US-authorized home COVID treatment
U.S. health regulators on Wednesday authorized the first pill against COVID-19, a Pfizer drug that Americans will be able to take at home to head off the worst effects of the virus.