Supreme Court wrestles with New Jersey pipeline case
The Supreme Court on Wednesday wrestled with how to resolve a clash between the state of New Jersey and a pipeline company over land the company needs for a natural gas pipeline.
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Justices overturn ruling to pay contractor after bank acquired business
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
Supreme Court notebook: David faces Goliaths over pipeline
On one side of an upcoming Supreme Court case over a proposed natural gas pipeline in New Jersey are two lawyers with more than 250 arguments between them. On the other is a lawyer for New Jersey who will be making his first Supreme Court appearance. It may be the greatest numerical mismatch in the history of the high court.
COA allows second deposition of alleged child molesting victim
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.
GOP-led states lose bid to challenge immigration rule
A federal appeals court in California refused Thursday to permit 14 states led by Republican governors to challenge the overturning of a Trump-era immigration rule affecting hundreds of thousands of people. A panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 against permitting intervention by the states, including Indiana.
Judgment for state against insurer in Lawrenceburg official’s theft reversed
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Denial of grandparental visitation reversed in ‘unusual circumstances’
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.
New murder trial affirmed for Elkhart man with mental disability
A man with a mental disability who has for years claimed he was wrongfully convicted of an Elkhart murder and who spent more than 15 years behind bars can proceed to a new trial after the Indiana Court of Appeals upheld a post-conviction relief order vacating his murder conviction.
Justices to hear arguments on order for informant to sit for face-to-face interview
An order requiring a confidential informant to sit for a face-to-face interview with defense counsel will be reviewed by the Indiana Supreme Court during oral arguments Thursday. Justices will also hear arguments on petition to transfer in a case where a defendant was erroneously released from prison then reincarcerated.
COA upholds judgment for teens’ doctors on parents’ constitutional claims
Tipton County parents who alleged their children were unconstitutionally treated by doctors while in a grandmother’s care failed to convince the Indiana Court of Appeals that summary judgment for the doctors was inappropriate.
Feedback sought on proposed amendments to Indiana Rules of Court
The Indiana Supreme Court is seeking feedback on proposed amendments to the Indiana rules for alternative dispute resolution, appellate procedure, small claims and trial procedure.
1 of 2 arson convictions vacated for man who burned parole office
A man who set fire to a government building to destroy evidence of pornography constituting parole violations will have one of his arson convictions vacated after the Indiana Court of Appeals used recent caselaw to find a double jeopardy violation.
Justices rebuff Fannie Mae, Freddie Mac petition on COVID interest tolling
The Indiana Supreme Court has denied a petition by federal mortgage giants Fannie Mae and Freddie Mac asking the court to clarify its emergency orders tolling mortgage interest in certain cases in Indiana trial courts.
Justices affirm sentence but stress clarity in guilty-plea appeal waivers
Although it upheld a man’s six-year executed sentence for drug convictions, the Indiana Supreme Court issued a per curiam opinion reminding trial court about the importance of clarity during guilty-plea sentencing hearings that involve a waiver of a defendant’s right to appeal.
Jones: Pardon me? Can you deny a presidential pardon or commutation?
Though most of us might strain ourselves thinking of a reason why one might refuse a pardon or a commutation, multiple individuals have attempted to reject a pardon or commutation, providing both interesting stories and a strange, potential check on the executive.
Election bills tweaking Indiana voting laws
Compared to the battles surrounding voting bills in states such as Iowa and Georgia, the six bills that are moving through the Indiana General Assembly appear to be making rather mild tweaks to Hoosier election laws rather than attempting a controversial overhaul.
23-year molestation sentence affirmed despite improper aggravator
Despite a trial court improperly considering an aggravating factor that went against a “clear directive” from the Indiana Court of Appeals, a man’s 23-year sentence for molesting his niece was upheld in a Thursday opinion.
Man serving murder sentence loses appeal over forced medication
A man serving a 70-year murder sentence for killing his former wife failed in a federal appeal to show that his civil rights were violated when prison officials treated him with a powerful antipsychotic drug for several months. The panel also rejected the inmate’s claim that he was wrongly denied appointed counsel.
Mom who didn’t witness daughter’s sexual abuse can’t recover emotional damages, COA affirms
The mother of a child with severe mental and physical disabilities cannot recover emotional distress damages from the school where her child was sexually abused because the mother did not witness the abuse, the Indiana Court of Appeals has affirmed. However, the mother’s claim for economic damages can proceed.
Supreme Court to weigh Puerto Rico access to US aid
The Supreme Court agreed Monday to decide whether it is unconstitutional to exclude people living in Puerto Rico from Supplemental Social Security Income.