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.
Despite a ruling in her favor from the Indiana Supreme Court capping her years-long quest to find out how the state of Indiana might carry out an execution, Washington, D.C., attorney Katherine Toomey was still waiting for answers two weeks later.
Read Indiana appellate court decisions from the most recent reporting period.
Cases over the past two decades have eroded the enforceability of certain noncompete agreement terms (aka restrictive covenants). Thus, a standard form noncompete agreement drafted in the 1990s may not withstand a court challenge if used today.
While in the post-pandemic world employees may still be able to spend at least a few days each month working in their pajamas, they will likely encounter more requirements, mandates and restrictions when doing so.
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.
Indiana Court of Appeals
Jeffery Gene Garrison v. Mark Sevier, et al.
20A-MI-01087
Miscellaneous. Affirms the Henry Circuit Court’s denial of Jeffrey Gene Garrison’s request for immediate release from the Department of Correction after his parole was revoked, finding Garrison’s claims are either meritless or waived.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday.
Planned Parenthood of Indiana and Kentucky Inc. v. Kristina Box
17-2428
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms on remand from the United States Supreme Court the district court injunction against enforcement of Senate Enrolled Act 404 (2017), which restricted minors’ access to abortion. Holds that binding standards of caselaw from Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), has not been overruled by a majority opinion of the Supreme Court, leading the majority to affirm the district court preliminary injunction barring full review in the district court. Judge Michael Kanne dissents with opinion.
A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
USA v. Rita Law
19-2345
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Rita Law’s conviction of four sex trafficking-related counts and 360-month sentence, finding no errors by the district court in the admission or sufficiency of the evidence or the imposition of sentence.
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Wednesday:
Kevin Pack v. Middlebury Community Schools
20-1912
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms summary judgment for Middlebury Community Schools in fired teacher Kevin Pack’s lawsuit alleging the schools violated a confidentiality agreement entered into to settle his prior suit over his termination. Finds that even accepting the facts in the light most favorable to Pack, MCS in entitled to judgment as a matter of law.
A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.
An Indianapolis woman who was convicted of murder after her manslaughter plea was rejected when she claimed self-defense could not persuade a majority of the Indiana Supreme Court last week to hear her appeal.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Owner-Operator Independent Drivers Association, Inc., et al. v. Eric Holcomb, Governor of Indiana, et al.
20-1445
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of a complaint brought by owner-operators of heavy trucks challenging the increase in tolls on the Indiana Toll Road, finding the toll increase was not discriminatory in violation of the Commerce Clause.
Truckers were unable to swerve around the higher fees charged on the Indiana Toll Road after the 7th Circuit Court of Appeals blocked their argument that the increased rates violated the Commerce Clause. The appellate court upheld dismissal of the lawsuit.
A woman who sought to hold her ex-husband in contempt for failing to sell or refinance their family home has lost her appeal of the contempt denial, with the Indiana Court of Appeals noting the woman repeatedly “thwarted” the man’s attempts to comply with their dissolution agreement.
A settlement offer received via email between a former apartment owner and a service vendor was an enforceable contract, a majority of the Indiana Court of Appeals has affirmed. A dissenting judge, however, would reverse the order requiring the parties to be bound by the terms of a March 2016 email exchange.
A Hamilton County school district fulfilled its public disclosure duties when it provided information about a suspended employee’s discipline and personnel history, even though the district did not provide specific personnel records, the Indiana Court of Appeals has ruled. The appellate court used its Wednesday decision to call on the Indiana General Assembly to provide more clarity in how public agencies should respond to public records requests.
Indiana Court of Appeals
John A. Huntzinger v. Champion Lake Ski Club, Inc., and Bryan Burney
20A-PL-1653
Civil plenary. Affirms the grant of summary judgment in favor of Champion Lake Ski Club Inc. and Bryan Burney on John Huntzinger’s claim for breach of settlement and intentional interference with contractual relationship. Finds the Hancock Superior Court did not err.
A developer who sold his property in the lakefront subdivision he developed cannot now build a dock on that lake, even though he has lifetime rights to ski there, the Indiana Court of Appeals affirmed in a Tuesday opinion.