Lawyer asks Supreme Court to force Senate action on Garland
A lawyer from New Mexico is mounting a longshot challenge to the U.S. Supreme Court, asking it to order the Senate to consider the high court nomination of Judge Merrick Garland.
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Opinions Dec. 16, 2016
Indiana Court of Appeals
The Board of Commissioners of Union County, Indiana v. Brandye Hendrickson, in her official capacity as Commissioner of the Ind. Dept. of Transportation, and the State of Indiana
81A01-1603-PL-696
Civil plenary. Reverses the dismissal of the Board of Commissioners of Union County’s complaint against Brandye Hendrickson in her official capacity as commissioner of the Indiana Department of Transportation. The Indiana Court of Appeals reviewed the case as a Trial Rule 12(B)(6) dismissal of a complaint, not a granting of summary judgment, and accordingly disregarded Ron Parker’s affidavit in considering the merits of the Union Circuit Court’s ruling. Finds that the trial court erred in dismissing the Union County’s action for declaratory judgment and injunctive relief against INDOT and that the county has standing to pursue those claims. Remands for further proceedings.
COA rejects Duke’s claims against proposed Franklin traffic expansion
Duke Energy of Indiana cannot prevent the city of Franklin from expanding an east-side intersection, the Indiana Court of Appeals found Friday, allowing the city to move forward with a project designed to beautify the State Road 44 corridor off of Interstate 65.
COA: Case for relief against INDOT may continue
The Indiana Court of Appeals allowed a local government entity to continue seeking relief against the Indiana Department of Transportation Friday, holding that the local unit of government had standing to seek both injunctive and declaratory relief.
Retired senator named executive director of vaping group
A recently retired Indiana lawmaker who voted in favor of a controversial vaping bill has been hired as the executive director of the Vapor Association of Indiana.
Kidnapping leader from Detroit gets life in prison
A Detroit man has been sentenced in federal court for leading an Indianapolis kidnapping conspiracy.
Justices consider ‘reasonable suspicion’ standard in gun tip case
The Indiana Supreme Court heard arguments Thursday as to whether officers acting on a tip had reasonable suspicion to question and arrest a man in a movie theater lobby for having a gun without a license.
Yahoo failed to protect consumers from hacking, lawsuit says
Yahoo! Inc. allowed hackers to access personal and confidential information of its users and failed to warn consumers of a cybersecurity breach, a proposed class-action lawsuit claims.
Disney IT workers allege discrimination in lawsuit
A group of information technology workers laid off by Walt Disney World says they're the victims of national origin discrimination because they were fired and replaced by contractors from India.
Defamation suit against community activist dismissed for failure to prove actual malice
A Lake County judge has dismissed a defamation suit brought against a northern Indiana radio personality and community activist by a police dispatcher, writing that the dispatcher failed to prove that the activist knowingly made false allegations of racial profiling.
Opinions Dec. 15, 2016
Indiana Court of Appeals
Robert W. Adams v. State of Indiana (mem. dec.)
02A03-1512-CR-2149
Criminal. Affirms the denial of Robert W. Adams’ motion for jail-time credit against his sentence in the New Castle prison. Finds that whatever merit Adams’ claim has lies beyond the record he submitted and beyond what a court may consult when reviewing a motion to correct an erroneous sentence. Thus, the Allen Superior Court judge did not abuse her discretion by denying Adams’ motion to additional credit time.
Petition to Supreme Court seeks statewide public defender system
Advocates for reforming Indiana’s patchwork approach to public defense for indigent Hoosiers announced they have petitioned the Indiana Supreme Court for a statewide system to remedy what they describe as an unfair, unequal and underfunded system.<
Cathedral and Fishers take 1st place in constitutional competiton
Teams of middle and high schools students from Indianapolis and the surrounding area dominated the 2016 Indiana We the People State Finals.
AG-elect says drug offenders need to be held accountable
Since the Legislature revised the state’s criminal code to provide drug treatment and recovery services to low-level drug offenders, Indiana has been brutalized by an opioid epidemic that has led to a resurgence of HIV along with needle exchange programs in eight counties and counting.
Federal grand jury indicts 2 former Vigo school officials
A federal grand jury indicted two former western Indiana school officials Wednesday on wire fraud and other charges for allegedly embezzling more than $80,000 through a kickback scheme with a contractor.
Gov-elect Holcomb keeping Bonaventura in child services post, names general counsel
Indiana Republican Gov.-elect Eric Holcomb has reappointed Mary Beth Bonaventura as director of the Indiana Department of Child Services and selected his general counsel.
US Supreme Court to hear appeal by Carmel firm over IP lawsuits
The U.S. Supreme Court agreed to consider putting sharp new limits on where patent-infringement lawsuits can be filed, accepting a case that may undercut patent owners’ ability to channel cases to favorable courts.
Anthem-Cigna merger goes to judge for ruling that could end deal
The first phase of the U.S. Justice Department’s lawsuit to halt Anthem Inc.’s planned takeover of rival insurer Cigna Corp. is in the hands of a federal judge after the government wrapped up its arguments Tuesday that the deal would harm competition in the national insurance market.
Agreement with Gary to resolve Clean Water Act violations
Federal and Indiana authorities have reached an agreement with the city of Gary to resolve longstanding violations of the Clean Water Act, including the release of raw sewage.
Kokomo mayor signs ordinance reversing pinball machine ban
The mayor of Kokomo has approved an ordinance that will reverse a more than 60-year-old ban on pinball machines in the city.