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Opinions Jan. 19, 2023

January 19, 2023

Court of Appeals of Indiana
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana
21A-PL-2213
Civil plenary. Reverses the Lake Superior Court’s judgment denying the Guzzo family 150% of the fair market value of their property in an eminent domain dispute. Finds the trial court erred in interpreting Indiana Code §§ 32-24-4.5-6.2 and -8. Remands to the trial court with instructions to order the town of St. John to compensate the Guzzos accordingly. Judge Margret Robb dissents with separate opinion.

Near-total abortion ban goes before IN justices for procedural, constitutional questions

January 19, 2023 | Olivia Covington

Little more than six months after the U.S. Supreme Court overturned Roe v. Wade, Indiana’s high court heard arguments Thursday in the case challenging the near-total abortion ban enacted in the state after the federal justices ended the federal right to an abortion.

Lawsuit in K-12 trans athlete sports ban dropped after client moves to charter school

January 19, 2023 | Jordan Morey

The American Civil Liberties Union of Indiana has dropped a lawsuit challenging a 2022 law that bans transgender girls from participating in K-12 girls’ sports after its client transferred to a charter school.

Indiana Senate panel advances bill protecting donor privacy

January 19, 2023 | Mickey Shuey, Indianapolis Business Journal

Not-for-profit organizations in Indiana would be permitted to keep the identity of their members and donors secret under a bill now advancing through the Indiana General Assembly.

Lawmaker proposes removing HIV language from criminal code

January 19, 2023 | Indiana Capital Chronicle

A bill removing language referencing HIV from the Indiana code needs more work and will be amended before a vote next week.

SCOTUS justices yet to decide any cases

January 19, 2023 | Associated Press

The Supreme Court has never been so slow. For the first time, the justices have gone more than three months without resolving any cases in which they heard arguments, since their term began in early October.

Indiana lawmakers weigh bill to create universal school choice program

January 19, 2023 | Indiana Capital Chronicle

Indiana lawmakers on Wednesday began a contentious debate over whether it should bring universal school choice — and its daunting potential long-term cost — to Hoosier students and parents.

Black nurse’s discrimination claims cannot overcome evidence at 7th Circuit

January 18, 2023 | Marilyn Odendahl

While acknowledging racism exists in the workplace, the 7^th Circuit Court of Appeals found a Black nurse’s claim that she was transferred to a lower-paying job solely because of her race was not supported by the evidence.

Homeowner must pay damages to contractor, but contractor not entitled to prejudgment interest, COA rules

January 18, 2023 | Jordan Morey

A contractor who sued a client after they refused to pay him despite not having a physical contract will get money damages after the Court of Appeals of Indiana denied the client relief. However, the contractor will not receive any prejudgment interest.

Kenworthy officially joins COA in private swearing-in ceremony

January 18, 2023 | Alexa Shrake

Court of Appeals of Indiana Judge Dana Kenworthy has officially joined the court’s bench.

6 counties seeking additional magistrates, judges, courts

January 18, 2023 | Olivia Covington

The Indiana House Courts and Criminal Code Committee gave unanimous approval Wednesday to a bill that would allow for the creation of new courts or judicial positions in six counties.

COA dismisses default judgment appeal, but dissent would consider merits

January 18, 2023 | Alexa Shrake

The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.

Opinions Jan. 18, 2023

January 18, 2023

Wednesday opinions
Court of Appeals of Indiana
Bernard Lash v. Fred Kreigh, d/b/a Urnest Construction, LLC
22A-CC-1069
Civil collections. Affirms the award of damages to Fred Kreigh for unpaid construction costs owed by Bernard Lash. Finds Noble Superior Court didn’t commit clear error by calculating damages based upon the value of Kreigh’s services. Also finds the trial court did not err in denying Kreigh’s request for prejudgment interest.

Bill would require schools to tell parents about students’ pronouns, gender identities

January 18, 2023 | Indiana Capital Chronicle

A bill filed by a top Republican lawmaker would require schools to inform parents if students request to change their names or pronouns or generally express questions about their gender identity.

Proposals limiting right to bail, home detention advance to Senate chamber

January 18, 2023 | Indiana Capital Chronicle

Indiana lawmakers went tough on crime Tuesday when a committee advanced a constitutional change restricting the right to bail and moved a less controversial bill barring people with more severe convictions from participating in community corrections programs.

Fire at Indiana State Prison kills inmate, injures 2 others

January 18, 2023 | Associated Press

An inmate was found dead after a fire at the Indiana State Prison, the Indiana Department of Correction said.

White House defends its delayed, limited document disclosure

January 18, 2023 | Associated Press

The White House brushed aside criticism Tuesday of its fragmented disclosures about the discovery of classified documents and official records at President Joe Biden’s home and former office, saying it may withhold information to protect the investigation.

Indiana Court Decisions: Dec. 29, 2022-Jan. 11, 2023

January 18, 2023

Read Indiana appellate court decisions from the most recent reporting period.

Web Exclusive: Meet the judges: Fountain Circuit Judge Stephanie Campbell

January 18, 2023 | Olivia Covington

Fountain Circuit Judge Stephanie Campbell is a born-and-raised Fountain County girl, and that’s the way she likes it.

State of the Judiciary highlights role of courts in state’s prosperity: CJ Rush describes the courts as ‘engines of change’

January 18, 2023 | Jordan Morey

Giving her ninth State of the Judiciary Address on Jan. 11 at the Indiana Statehouse during a joint session of the Indiana General Assembly, Indiana Chief Justice Loretta Rush recalled her childhood and compared Indiana’s courts to a locomotive’s engine.

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Opinions Jan. 19, 2023

Near-total abortion ban goes before IN justices for procedural, constitutional questions

Lawsuit in K-12 trans athlete sports ban dropped after client moves to charter school

Indiana Senate panel advances bill protecting donor privacy

Lawmaker proposes removing HIV language from criminal code

SCOTUS justices yet to decide any cases

Indiana lawmakers weigh bill to create universal school choice program

Black nurse’s discrimination claims cannot overcome evidence at 7th Circuit

Homeowner must pay damages to contractor, but contractor not entitled to prejudgment interest, COA rules

Kenworthy officially joins COA in private swearing-in ceremony

6 counties seeking additional magistrates, judges, courts

COA dismisses default judgment appeal, but dissent would consider merits

Opinions Jan. 18, 2023

Bill would require schools to tell parents about students’ pronouns, gender identities

Proposals limiting right to bail, home detention advance to Senate chamber

Fire at Indiana State Prison kills inmate, injures 2 others

White House defends its delayed, limited document disclosure

Indiana Court Decisions: Dec. 29, 2022-Jan. 11, 2023

Web Exclusive: Meet the judges: Fountain Circuit Judge Stephanie Campbell

State of the Judiciary highlights role of courts in state’s prosperity: CJ Rush describes the courts as ‘engines of change’