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The United States Supreme Court, already poised to take a significant turn to the right, opened its new term Monday with a jolt from two conservative justices who raised new criticism of the court’s embrace of same-sex marriage.
A protracted dispute between a concentrated animal feeding operation in Hendricks County and its neighbors ended Monday with the U.S. Supreme Court denying certiorari to the nearby homeowners who claimed the odor from the 8,000 hogs disrupted their lives and diminished their health.
The following Indiana Supreme Court opinion was posted after IL deadline Friday.
Dawn Riddle and Matthew Riddle v. Dennis Cress, Haley Wilkerson, and Helen Cress
20S-PL-573
Civil plenary. Grants transfer and affirms the trial court’s decision to set aside the default judgment for Dennis and Helen Cress and the Cresses’ granddaughter, Haley Wilkerson. Finds that “the trial court’s assessments of the parties’ credibility and demeanor are the type of fact-sensitive judgments that may not be second-guessed under the deferential standard of appellate review and, here, are sufficient to establish at least ‘slight evidence’ of excusable neglect.” Remands to Johnson Superior Court for further proceedings consistent with the opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied.
The Indiana Court of Appeals has remanded an adoptive mother’s granted petition to adopt her wife’s three children, finding that the trial court failed to make any findings that would support dispensing with their father’s consent.
Indiana trial courts can now send text and email reminders, cancellations, and rescheduling notices to jurors, the Indiana Supreme Court announced on Friday.
Attorney General Curtis Hill’s office is appealing a judge’s ruling that absentee ballots postmarked by Nov. 3 must be counted. Meanwhile, the state acknowledged in its filing that election officials are taking steps to count those ballots if the judge’s order stands.
A split Indiana Supreme Court on Friday granted transfer and affirmed a trial court’s ruling in a default judgment dispute involving alleged defamation and false reporting, siding with a dissenting appellate court judge.
Indiana Attorney General Curtis Hill could face a big bill from the disciplinary case stemming from allegations that he groped a state lawmaker and three other women during a party. The disciplinary commission has asked the Indiana Supreme Court to order Hill to pay more than $50,000 in costs related to the ethics investigation that resulted in his 30-day suspension.
The Supreme Court opens Monday a new term with Republicans on the cusp of realizing a dream 50 years in the making, a solid conservative majority that might roll back abortion rights, expand gun rights and shrink the power of government.
President Donald Trump was hoping for a Monday discharge from the military hospital where he is being treated for COVID-19, a day after he briefly ventured out while contagious to salute cheering supporters by motorcade in a move that disregarded precautions meant to contain the deadly virus that has killed more than 209,000 Americans.
Supreme Court nominee, 7th Circuit Court of Appeals Judge and University of Notre Dame Law School professor Amy Coney Barrett and her husband, Jesse, had coronavirus earlier this year and recovered, according to two administration officials.
Indianapolis attorney Steve Tuchman and his husband, Reed Bobrick, have made a $4 million gift to Indiana University Robert H. McKinney School of Law to support the creation of an endowed scholarship and an endowed professorship to further the institution’s commitment to diversity and inclusion.
The attorney discipline case accusing high-profile Barnes & Thornburg partner Larry Mackey of an improper relationship with the ex-wife of a former Fishers money manager client who was convicted of securities fraud should be dismissed, the hearing officer in his case has recommended.
A Fort Wayne man who lost his eye during a Black Lives Matter protest after the death of George Floyd is now suing the city and local police department for excessive force and violation of his First Amendment rights.
Indiana Court of Appeals
Carl Lee Hill v. State of Indiana
19A-CR-02083
Criminal. Affirms Carl Hill’s 14-year sentence for convictions in Marion Superior Court of two counts of Level 5 felony reckless homicide and his adjudication as a habitual offender. Finds his convictions are not double jeopardy. Rejects Hill’s challenge to his sentence but remands to correct his sentence to attach the habitual offender sentence to one of his reckless homicide sentences rather than as a separate offense.
The Indiana Court of Appeals has affirmed the denial of a St. Joseph County man’s motion for release on bail after he was arrested and charged with murder stemming from a fatal drug deal.
The Indiana Court of Appeals has affirmed a man’s nearly 80-year sentence for murder and robbery after a drug deal turned deadly. It rejected his double-jeopardy arguments, finding neither fit under a new double jeopardy test adopted by the Indiana Supreme Court this year.
A man must serve a 14-year sentence for driving his SUV through a red light at 89 mph and killing two women whose car he slammed into in a Speedway intersection, the Indiana Court of Appeals ruled Friday. The decision also further chipped away at 1999 caselaw partially overturned this year that had stood as double jeopardy jurisprudence.
The Indiana Supreme Court has split over the denial of transfer in a case involving a horseback riding injury, with Justice Steven David publishing a dissent expressing concern that the “pendulum has swung too far” in sports injury cases.
Plaintiffs in Indiana’s vote by mail case are questioning the state’s assertion made this week in oral arguments to the 7th Circuit Court of Appeals that Hoosiers can request a special exemption from the Indiana Election Commission to cast an absentee ballot if they do not meet one of the law’s categories of who may vote by mail.