Supreme Court sets Barrett ceremonial swearing-in for Oct. 1
The Supreme Court says it will hold a ceremonial swearing-in for Justice Amy Coney Barrett on Oct. 1, delayed by nearly a year because of the coronavirus pandemic.
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Biden, Congress face big week for agenda, government funding
It’s a consequential week for President Joe Biden’s agenda, as Democratic leaders delicately trim back his $3.5 trillion “Build Back Better” package to win over remaining lawmakers and work to quickly pass legislation to avoid a federal shutdown.
House votes to protect abortion rights amid state challenges
The House passed legislation Friday that would guarantee a woman’s right to an abortion, an effort by Democrats to circumvent a new Texas law that has placed that access under threat.
Opinions Sept. 24, 2021
Indiana Court of Appeals
Steak N Shake Operations, Inc. v. National Waste Associates, LLC, et al.
21A-CP-00213
Civil plenary. Reverses the Marion Superior Court’s grant of National Waste Associates’ motion for summary judgment and its denial of Steak ’n Shake’s motion for summary judgment. Holds there are genuine issues of material fact concerning the terms and conditions under which National employed Aspen Waste Systems of Missouri as its subcontractor. Holds that National is not entitled to judgment as a matter of law, but Steak ’n Shake is entitled to judgment as a matter of law on both its complaint and on National’s counterclaim. Remands with instructions for the court to enter summary judgment for Steak ’n Shake and to determine Steak ’n Shake’s damages.
Muncie woman suing police charged with false informing by prosecutor
A woman who filed a lawsuit against a Muncie police officer for allegedly throwing her into a brick wall and causing her to sustain significant facial injuries is now being criminally charged for making the allegations that the Delaware County Prosecutor calls “completely, totally, and demonstrably false.”
COA Judge Kirsch honored at retirement ceremony
On Thursday, a retirement ceremony was held for retiring Indiana Court of Appeals Judge James Kirsch in the Indiana Supreme Court courtroom at the Statehouse in Indianapolis.
Indiana makes Pfizer COVID vaccine boosters available to eligible Hoosiers
The Indiana Department of Health announced Friday that booster doses of Pfizer’s COVID-19 vaccine are available to eligible Hoosiers following federal authorization of the additional dose.
Senate Democrats hosting own redistricting hearings
Senate Democrats are making one last effort to have an influence on Indiana’s Republican-controlled redistricting process by hosting their own additional public hearings around the state this week and next.
COA: Genuine issues of material fact in indemnification dispute with Steak ‘n Shake contractor
The Indiana Court of Appeals has reversed in favor of a popular Indiana-based restaurant chain in an indemnification clause dispute with a waste removal company it contracted with.
Justices suspend lawyers for failure to pay Disciplinary Commission
| IL Staff
The Indiana Supreme Court has suspended two attorneys from the practice of law in Indiana after neither paid fees they owed to the court’s Disciplinary Commission for the costs of prosecuting them.
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.
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.