Applications open for St. Joseph Superior Court vacancy
| IL Staff
A St. Joseph County judge retired earlier this month, prompting the Judicial Nominating Commission to begin searching for his replacement on the bench.
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House to vote on abortion rights as Roe v. Wade is challenged
The House is voting Friday on legislation aimed at guaranteeing a woman’s right to an abortion, an effort by House Democrats to circumvent a new Texas law that has placed that access under threat.
More rental aid is reaching tenants to stave off eviction
Almost a month after a federal eviction moratorium ended, the Treasury Department said Friday that states and cities distributed money for nearly 1.4 million payments in August and the pace picked up from the month before.
Georgia abortion law to be argued in federal appeals court
A federal appeals court plans to hear arguments today on whether it should overturn a lower court ruling that permanently blocked a restrictive abortion law passed in Georgia in 2019.
National Guard deployed to aid southern Indiana hospital
Indiana National Guard members have been deployed to a southern Indiana hospital to support medical staff facing increased workloads fueled in part by patients being treated for COVID-19.
Ohio lawmakers look to repeal subsidy for coal plant in Madison
Some lawmakers in the Ohio Legislature want to end a subsidy for two unprofitable Cold War-era coal plants — including one in Indiana — that have cost state electric customers more than $340 million thus far and leave them on the hook for hundreds of millions more, thanks to a tainted energy bill that led to the biggest corruption scandal in state history.
Indiana State U. requiring vaccinations or tests in 2022
Indiana State University will require that all students and staff show proof of vaccination by Jan. 1 or be tested each week for COVID-19, the school’s president said Thursday.
Indiana House approves redistricted maps, sends them to Senate
The Indiana House on Thursday voted 67-31, mostly along party lines, to approve the new state legislative and congressional election district maps, likely ensuring Republicans will keep their supermajority in the Legislature.
Opinions Sept. 23, 2021
Indiana Supreme Court
Ryan Ramirez v. State of Indiana
20S-LW-430
Life without parole. Affirms Ryan Ramirez’s conviction of murdering 23-month-old P.H. and neglecting 3-year-old R.H., resulting in serious bodily injury, and his sentence to life without parole. Finds that the seizure of a surveillance system recorder did not violate the state or federal constitutions, and the Madison Circuit Court did not abuse its discretion by excluding evidence of Kayla Hudson’s prior bad acts, nor were Ramirez’s substantial rights affect. Also finds that the trial court was not required to find a legal lacuna to give a supplemental jury instruction, the wording of the instruction was not reversible error and Ramirez waived his argument about the way the instruction was given. Finally, finds the statutory LWOP factors were sufficiently supported, his sentence did not violate the Indiana Constitution and revision is not warranted under Indiana Appellate Rule 7(B).
Justices affirm convictions, LWOP sentence for man convicted in toddler’s death
An Anderson man convicted of torturing a toddler before killing her and seriously injuring the child’s brother has failed in his direct appeal of his convictions and life without parole sentence.
Zionsville attorney suspended after second OWI
| IL Staff
The Indiana Supreme Court has suspended a Zionsville lawyer following his conviction of felony operating a vehicle while intoxicated, his second OWI conviction.
Pendleton high school sued for alleged violations of students’ rights in gay-straight alliance
A central Indiana school corporation has been accused of violating the constitutional rights of students participating in the local high school’s gay-straight alliance.
High court rules for Hobart mall in tax dispute, lowers tax assessments
A longtime northern Indiana shopping mall won a victory at the Indiana Supreme Court on Tuesday when the justices ordered the reinstatement of a tax assessment that is tens of millions less than the assessed values upheld by the Indiana Tax Court.
Johnson, Myers unanimously approved by judicial committee for U.S. attorney posts
The U.S. Senate Committee on the Judiciary on Thursday approved the U.S. attorney nominees for the Northern and Southern districts of Indiana on a voice vote with none of the senators opposing the Hoosier lawyers.
FDA backs Pfizer COVID-19 boosters for seniors, high-risk
The U.S. moved a step closer Wednesday to offering booster doses of Pfizer’s COVID-19 vaccine to senior citizens and others at high risk from the virus as the Food and Drug Administration signed off on the targeted use of extra shots.
Feds: 3 charged in Mexican migrant worker conspiracy
Three people have been indicted in a multistate conspiracy involving the forced labor of Mexican agricultural immigrants, federal authorities announced Wednesday.
Pence hopeful the Supreme Court will restrict abortion in US
Former U.S. Vice President Mike Pence said Thursday that he is hopeful the new conservative majority on the Supreme Court created during his and President Donald Trump’s administration will soon overturn abortion rights in the United States.
Suits against Ohio State over sex abuse by doc are dismissed
A federal judge dismissed some of the biggest unsettled lawsuits over Ohio State’s failure to stop decades-old sexual abuse by now-deceased team doctor Richard Strauss, saying Wednesday it’s indisputable Strauss abused hundreds of young men but agreeing with OSU’s argument that the legal window for such claims had passed.
Indiana U.S. attorney nominees scheduled for committee vote
The two nominees for the U.S. attorney positions in the Northern and Southern districts of Indiana are scheduled for a vote Thursday in the U.S. Senate Committee on the Judiciary, moving the Hoosier State closer to filling the top federal lawyer seats that have been vacant since late 2020.
Opinions, Sept. 22, 2021
Indiana Court of Appeals
Carlton Lee Wells v. State of Indiana
21A-CR-612
Criminal. Reverses Carlton Lee Wells’ conviction of Class A misdemeanor invasion of privacy. Finds the St. Joseph Superior Court committed fundamental error and violated Wells’ Sixth Amendment rights under the U.S. Constitution as well as his rights in the Indiana Constitution outlined in Article 1, Section 13 after omitting him from his jury trial due to failing pretrial drug testing. Remands with instructions to vacate Wells’ conviction.