COA upholds Hamilton County utility rate increase
The Indiana Court of Appeals ruled in favor of a Hamilton County public utility seeking to have affiliate expenses included in its sewer utility rate calculation.
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Court properly suppressed man’s statements to officers, COA rules
A man who told police officers questioning him about a molestation allegation that he was “done with answering questions” will have his statements suppressed at trial after the Indiana Court of Appeals affirmed the trial court’s ruling Thursday.
Justices hear Lake Michigan public vs. private rights case
Indiana and public-interest groups took a team approach Thursday to arguing for public access to the shore of Lake Michigan — a claimed public right that private landowners argue never existed in state law.
Suspended special needs trust attorney, foundation’s legal woes continue
A suspended Indianapolis attorney charged with stealing from his clients’ special needs trusts remained at the center of a case argued Wednesday before the 7th Circuit Court of Appeals. Kenneth Shane Service crafted trust documents now in dispute that he has said he intended to be confusing, argued attorneys in a case involving the nonprofit foundation Service established.
Death penalty sought in Indiana officer’s shooting death
Prosecutors are seeking the death penalty for the man charged in the fatal shooting of a police officer who had come to his aid after the suspect's car overturned in a crash in Indianapolis.
Gorsuch gives conservatives edge in high court term
Justice Neil Gorsuch’s first full term on the U.S. Supreme Court promises to show just how much was at stake with his appointment.
Mandatory union fees again draw US Supreme Court scrutiny
The U.S. Supreme Court said it will try for a second time to decide whether 5 million government workers can refuse to pay union fees, accepting a case that could deal a major blow to the labor movement’s finances and clout.
Maryland suing EPA on power plant pollution in other states
Maryland is suing the U.S. Environmental Protection Agency for failing to act on a petition requiring power plants in five upwind states to reduce pollution, the state's attorney general and an official in Gov. Larry Hogan's administration said Wednesday.
Transgender man asks court to reinstate Indiana lawsuit
Attorneys for a transgender man who challenged an Indiana law that prevents him from changing his first name to a male name have urged an appeals court to reinstate his lawsuit.
Big stakes in high court fight over partisan political maps
Democrats and Republicans are poised for a Supreme Court fight about political line-drawing with the potential to alter the balance of power across a country starkly divided between the two parties.
Dems wield Equifax, Wells Fargo in fight over arbitration
Democrats determined to stop Republicans from overturning a consumer-oriented rule are using the scandals roiling Equifax and Wells Fargo to hammer the GOP's efforts.
Indiana Supreme Court to hold argument in Evansville next month
The Indiana Supreme Court will travel to the University of Southern Indiana in Evansville for an oral argument next month, the court announced Wednesday.
Opinions Sept. 27, 2017
Indiana Court of Appeals
Nicholaus Knecht v. State of Indiana
06A05-1701-CR-131
Criminal. Affirms the revocation of Nicholaus Knecht’s probation and order he serve his suspended sentence in community corrections. The state proved Knecht violated his probation and he failed to show he was deprived due process.
COA chastises court for magistrates repeatedly entering final judgments
A southern Indiana trial court that has been repeatedly advised by the Indiana Supreme Court that magistrate judges may not sign the court’s findings and conclusions was told again by the Indiana Court of Appeals on Wednesday in a CHINS case to stop the practice.
COA upholds probation revocation based in part on failed conviction
The Indiana Court of Appeals found no violation of due process and sufficient evidence supported the revocation of a man’s probation for allegedly committing child molesting, even though he was acquitted on that charge.
Challenge to alcohol permit presents issue of first impression
A liquor store seeking to challenge the type of alcohol permit awarded to a Hamilton County specialty food store does not have standing to pursue judicial review under the Administrative Orders and Procedures Act, the Indiana Court of Appeals ruled in a first impression case.
Trump, GOP tax plan would cut rates for many Americans
President Donald Trump and congressional Republicans are proposing a far-reaching, $5 trillion plan Wednesday that would cut taxes for corporations and potentially for individuals, simplify the tax system and nearly double the standard deduction used by most Americans.
Indiana man allegedly threatened 2 judges, police officer
A northeastern Indiana man faces intimidation charges for allegedly threatening two county judges and a police officer.
Barrett, Kirsch scheduled for judiciary committee vote
The U.S. Senate Committee on the Judiciary is scheduled to vote Thursday on Amy Coney Barrett, the nominee to the Indiana seat on the 7th Circuit Court of Appeals, and on Thomas L. Kirsch II, the nominee for U.S. Attorney for the Northern District of Indiana, but tradition will likely intervene and cause a delay at least for the judgeship.
New faces bring flux to Indiana Supreme Court
The decline in the number of majority opinions and in the percentage of concurring opinions coming from the Indiana Supreme Court last fiscal year are being linked to the transitions in the state’s highest judicial body, which has welcomed three new justices and installed a new chief justice all within the past five years.