US Supreme Court refuses to hear Wyoming death-penalty case
The U.S. Supreme Court has refused to hear the appeal of what was Wyoming’s lone inmate on death row, possibly clearing the way for his execution.
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Former Indianapolis teachers union chief gets 16 months
The former president of the Indianapolis Education Association has been sentenced to 16 months in prison after pleading guilty to embezzling more than $100,000 from the union.
Former GOP congressman Rokita enters AG race, seeks to oust Hill
The race for Indiana attorney general has taken another turn with a prominent Republican emerging as a candidate on the last day to file with the party. Todd Rokita becomes the third Republican candidate challenging suspended Attorney General Curtis Hill for the party nomination next month.
Opinions May 19, 2020
Indiana Supreme Court
Jesse L. Payne v. State of Indiana
20S-CR-313
Criminal. Reverses the guilty but mentally ill verdict and aggregate 90-year sentence for Jesse Payne after he confessed to burning down two covered bridges in Parke County. Finds the state presented insufficient demeanor evidence to rebut both the unanimous expert opinion that Payne is legally insane and Payne’s “well-documented history of mental illness.” Remands for the trial court to hold a hearing for Payne’s involuntary commitment under Indiana Code section 35-36-2-4. Justice Mark Massa dissents with a separate opinion joined by Justice Geoffrey Slaughter.
Justices reduce sentence for man convicted of rape
In granting a petition to transfer, Indiana Supreme Court justices lowered a man’s sentence after he was convicted of three counts of felony rape. A dissenting justice, however, would have denied transfer in the case.
3-2 Supreme Court reverses, finds covered bridge arsonist insane
A man who confessed to burning down two Indiana covered bridges has had his guilty but mentally ill verdict reversed by a divided Indiana Supreme Court. The 3-2 majority cited unanimous expert opinion that the defendant is legally insane in overturning a jury’s conclusion.
COA affirms post-retirement survivor benefits for ex-military spouse
A Hamilton County woman is entitled to a post-retirement survivor benefit offered by her ex-husband’s military retirement program, the Indiana Court of Appeals affirmed Tuesday.
Newest stimulus bill likely dead, but support for legal aid funding lives
Legal aid received another $50 million boost in funding as part of the new economic stimulus bill passed by the U.S. House of Representatives on Friday, but while the measure is expected to stall in the U.S. Senate, support to appropriate additional money for legal services appears strong on both sides of the aisle.
Holcomb: ‘No further action’ in AG Hill discipline case
Indiana Gov. Eric Holcomb said he will take no further action toward possibly appointing an interim attorney general after the Indiana Supreme Court on Monday denied his request for clarification on whether AG Curtis Hill’s ongoing suspension means he has “vacated” his elected position.
High court allows bigger award in 1998 embassy bombings case
The United States Supreme Court is allowing a bigger award of money to victims of the 1998 bombings by al-Qaida of the U.S. embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. Despite the court’s ruling, however, the victims may only ever collect a fraction of the billions of dollars a lower court awarded.
NIPSCO’s coal ash removal sparks environmental concerns
A major utility’s plan to close five Indiana coal ash ponds at a power plant along Lake Michigan and move coal ash to a landfill has sparked concerns from environmental activists about how the dust kicked up by that project will be controlled.
Union: Inmate COVID-19 case at Terre Haute federal prison
A case of COVID-19 in an inmate has been reported at the federal prison complex in Terre Haute, a prison workers union official said.
Indiana man won’t be charged in fatal February shooting
A western Indiana man who fatally shot another man during a February domestic disturbance won’t be charged in that killing because prosecutors determined he acted in self-defense.
Justices deny Holcomb’s request to clarify whether suspended AG Hill ‘vacates’office
The Indiana Supreme Court has denied Gov. Eric Holcomb’s request for clarification on whether now-suspended Attorney General Curtis Hill has temporarily vacated his office due to his suspension. The ruling means, at least for now, Hill’s chief deputy will remain in charge of the legal operations of the Indiana Office of the Attorney General.
Opinions May 18, 2020
Indiana Court of Appeals
A.S. v. Indiana University Health Bloomington Hospital
19A-MH-3044
Mental health. Affirms A.S.’s 90-day commitment to Indiana University Health Bloomington Hospital. Finds the Monroe Circuit Court did not admit into evidence the hearsay about which A.S. complains. Finds testimony from a doctor provided clear and convincing evidence that A.S. was gravely disabled and that forced administration of antipsychotic medication was warranted.
Indiana Lawyer collects 6 statewide journalism awards
| IL Staff
Journalists and artists for the Indiana Lawyer collected six statewide awards for work produced in 2019, the Indiana Society of Professional Journalists announced in results for the annual Best of Indiana journalism contest.
Reversal: No excusable neglect by insurer in car crash suit
The Indiana Court of Appeals has reversed in a car crash case after finding a party in the suit should not have been granted a motion to set aside based on excusable neglect.
Reversal: US citizenship not required to obtain a name change
Citizenship in the United States is not required in order to obtain a name change, the Indiana Court of Appeals ruled Monday, reversing a trial court and ruling for two transgender men.
Involuntary commitment affirmed for woman walking in middle of highway
The Indiana Court of Appeals affirmed a Monroe County woman’s temporary mental health commitment at a Bloomington hospital after finding her schizophrenia made her dangerous to herself and gravely disabled.
Lawyer with multiple discipline cases indefinitely suspended
| IL Staff
A Fort Wayne lawyer who has faced at least a dozen attorney discipline cases in recent years has been indefinitely suspended from the practice of law.