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The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DeWayne Perry v. Richard Brown
19-1683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s ruling that equitable tolling is only possible when an “external obstacle” impeded timely filing. Finds the district court needs to determine whether a brain injury caused DeWayne Perry’s delay in seeking habeas review under 28 U.S.C. §2254, and if so whether circumstances as a whole justify equitable tolling. Finds Perry’s medical condition could frustrate his ability to gather and present such evidence on his own, therefore making it appropriate for the district court to appoint counsel to assist him. Remands for proceedings.
Old National Bank has sued local developer Paul Kite, alleging he and his company, PK IND Partners LLC, owe millions of dollars for a loan tied to the 2008 redevelopment of property at Indianapolis International Airport.
Interview schedules have been set for Marion County’s incumbent judges seeking retention, just one day after members of the Marion County Judicial Selection Committee convened.
Questions about whether a man’s brain injury caused his delay in seeking review in his case should be determined by the Southern District Court, and if so, whether the circumstances collectively justify the use of equitable tolling, the 7th Circuit Court of Appeals ruled Wednesday.
Attorney General William Barr has agreed to testify before the House Judiciary Committee next month, appearing for the first time before the panel as questions swirl about whether he intervened in the case of a longtime ally of President Donald Trump.
Indiana schools and teachers won’t face penalties from lower student scores on the state’s new ILEARN standardized exam under legislation the governor signed Wednesday.
A former southern Indiana police chief and one of his top officers face ghost employment and other charges for allegedly working other jobs while they were on duty, Indiana State Police said Wednesday.
An Evansville woman says she was fired from her job at the Vanderburgh County Prosecutor’s Office after she refused the advances of the county prosecutor, who she alleges handcuffed her, showed her a gun and tried to prevent her from leaving his hotel room during a business trip.
More than 2,000 sets of fetal remains found last year at the suburban Chicago garage of one of the Midwest’s most prolific abortion doctors were buried Wednesday at an Indiana cemetery where the state’s attorney general told a gathering that the remains’ discovery was “horrifying to anyone with normal sensibilities.”
A Virginia woman accused of abducting her four children and leading authorities on a nationwide chase for several months was taken into custody Wednesday morning in Plainfield, authorities said.
Indiana Court of Appeals
Monika Schmidt v. Allstate Property and Casualty
19A-CT-01489
Civil tort. Reverses the Johnson Superior Court’s grant of Allstate Property and Casualty Insurance Co.’s motion for summary judgment on Monika Schmidt’s bad faith claim and its finding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder. Finds the trial court erred in granting summary judgment on that basis. Remands for further proceedings on Schmidt’s bad-faith claim, including her motion for sanctions and contempt.
Legislation designed to bring uniformity to judges’ indigency determinations is continuing to move through the Indiana Statehouse without opposition.
The Indiana Tax Court has reversed an Indiana Board of Tax Review’s final determination, answering the dispositive issue of whether an assessor should have capped a homeowner’s 2013 property tax liability at 1% instead of 2% of her property’s gross assessed value.
The second iteration of retention interviews for Marion County judges will begin in less than a month. A committee will interview 13 judges seeking retention before opening applications for three pending vacancies to be filled this year on the Marion Superior bench.
A woman’s bad-faith claim against her friend’s insurance company has been reinstated by the Indiana Court of Appeals, which determined that the trial court erred in concluding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder.
The owner a controversial Charlestown zoo who recently lost his federal exhibitor’s license is now also facing a state lawsuit that would shut down the zoo’s underlying nonprofit organization and remove him as its director, citing allegations of animal abuse, financial improprieties, intimidation and more.
Indiana’s governor said Tuesday he would keep pushing for a law requiring more businesses to provide workplace accommodations for pregnant women, even though the state Senate rebuffed his proposal last week.
In what’s sure to be a politically charged ceremony, more than 2,400 fetuses found last year at the suburban Chicago home of one of the Midwest’s most prolific abortion doctors will be buried Wednesday in Indiana, a state with some of the nation’s toughest anti-abortion laws.
An elected northwest Indiana official has been arrested on six domestic battery charges alleging he battered his pregnant girlfriend several times dating back to last June.