Appeals court again denies injunction in Lake Monroe logging case
The Indiana Court of Appeals has again rejected a Monroe County resident’s requested preliminary injunction that would prevent logging from taking place on land near his home.
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Justices strip award of attorney fees in Utica billboard dispute
The Indiana Supreme Court on Friday threw out an award of more than $237,000 in attorney fees in a lawsuit over seven billboards outside Utica, Indiana. Justices found the Clark Circuit Court lacked a basis for awarding fees to the parties who sued a regional development entity that sought to restrict billboards along State Road 265 just north of Louisville.
Fired IDEM employee loses appeal in whistleblower dispute
A former environmental chemist who was fired from his longstanding position at the Indiana Department of Environmental Management could not convince a panel of the Indiana Court of Appeals that he was terminated for being a whistleblower.
Suspect who claims self-defense in judges’ shooting jailed without bond on minor violation
The man accused of shooting two judges during an Indianapolis altercation more than a year ago — and whose attorneys unsuccessfully pressed for the release of surveillance video of the incident they say backs up his self-defense claim — is back behind bars, held without bond after a minor pretrial release violation. The arrest on a warrant appears to conflict with an Indiana Supreme Court order for trial courts to issue arrest warrants only in emergency cases due to concern about the spread of COVID-19 behind bars.
External webcams, quiet rooms among details for first-ever remote bar exam in July
The nearly 500 applicants who have registered to take the Indiana Bar Exam in July will need to have external webcams, quiet rooms and be prepared to write extensively for the test that will be given remotely for the first time because of the coronavirus pandemic.
Twitter adds ‘glorifying violence’ warning to Trump tweet
Twitter has added a warning to one of President Donald Trump’s tweets about protests in Minneapolis, saying it violated the platform’s rules about “glorifying violence.”
Minneapolis police station torched amid George Floyd protest
Cheering protesters torched a Minneapolis police station that the department abandoned as three days of violent protests spread to nearby St. Paul and angry demonstrations flared across the U.S over the death of George Floyd, a handcuffed black man who pleaded for air as a white police officer kneeled on his neck.
Clerk warns that thousands of mail-in ballots might not be counted; voters can still go to polls
Thousands of voters in Marion County who planned to vote by mail in Tuesday’s election may not have the opportunity because they won’t receive their ballots in time, Marion County Clerk Myla Eldridge told state officials in a letter Thursday.
New attorneys get help navigating COVID-19 in ISBA program
| IL Staff
An Indiana State Bar Association online program geared toward newly admitted attorneys is hoping to prepare and equip new lawyers on how to begin their legal careers in the midst of uncertain times posed by COVID-19.
Death penalty ‘secrecy statute’ goes before Indiana Supreme Court
The longstanding dispute over whether the Indiana Department of Correction can keep the identities of its lethal-injection drug suppliers secret reached the Indiana Supreme Court this week, with the parties offering strongly divergent views on Hoosier public access laws and constitutional rights.
Opinions May 28, 2020
Indiana Court of Appeals
Universal Auto, LLC, d/b/a James Myers v. Cory Murray
19A-PL-1225
Civil plenary. Affirms the Marion Superior Court’s entry of judgment in Cory Murray’s favor on his contract claim for damages and Universal Auto LLC’s counterclaim for damages and attorney’s fees. Finds Murray had not defaulted on the sales contract when Universal repossessed his vehicle. Also finds that Universal failed to carry its burden of demonstrating prima facie error concerning its counterclaim and Murray’s contract claim.
Appeals court affirms for used car buyer in defaulted sales contract dispute
An auto dealer couldn’t sway an appellate court’s ruling for one of the dealer’s customers after the court found the man who immediately had problems with the vehicle hadn’t defaulted on his sales contract because payment was not due.
Pike County deputy won’t face charges in man’s fatal shooting
A sheriff’s deputy won’t face criminal charges for fatally shooting a southwestern Indiana man who had called officers to his home, claiming he and his wife were starving, a prosecutor has determined.
Derek Daly says money ‘secondary’ issue in suit against Emmis, Colts, broadcasters
Former IndyCar driver and longtime television racing analyst Derek Daly said he’s not looking to settle a lawsuit he filed last week in Hamilton County against Indianapolis-based Emmis Communications Corp., the Indianapolis Colts, former Colts game announcer Bob Lamey and Emmis on-air sports personality Joe Staysniak.
Ex-Paoli police officer pleads guilty to keeping meth, evidence
A former southern Indiana police officer has pleaded guilty to keeping methamphetamine and other police evidence that was supposed to have been placed in the department’s evidence room.
Indiana regulators agree to hear utility request to raise rates in wake of pandemic losses
Two weeks after 10 Indiana utilities asked state regulators for permission to charge ratepayers for millions of dollars in revenue the utilities stand to lose because of the COVID-19 pandemic, the state has agreed to consider the matter.
Trump preparing order targeting social media protections
President Donald Trump is preparing to sign an executive order Thursday aimed at curbing liability protections for social media companies, two days after he lashed out at Twitter for applying fact checks to two of his tweets.
Trump continues to claim broad powers he doesn’t have
Threatening to shut down Twitter for flagging false content. Claiming he can “override” governors who dare to keep churches closed to congregants. Asserting the “absolute authority” to force states to reopen, even when local leaders say it’s too soon.
Minneapolis mayor: Officer who put knee on neck of man who died should be charged
The mayor of Minneapolis called Wednesday for criminal charges against the white police officer seen on video kneeling on the neck of a handcuffed black man who complained that he could not breathe and died in police custody.
Opinions May 27, 2020
Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.