SCOTUS rejects Biden’s plan to wipe away $400 billion in student loans
A sharply divided U.S. Supreme Court ruled Friday that the Biden administration overstepped its authority in trying to cancel or reduce student loans for millions of Americans.
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Local, state leaders react to IN Supreme Court vacating injunction against near-total abortion ban
The Indiana Supreme Court has vacated the preliminary injunction against the state’s controversial near-total abortion ban, reinstating the law. Lawmakers on both sides of the issue are reacting strongly.
Opinions June 29, 2023
Court of Appeals of Indiana
Thomas J. Herr v. State of Indiana
22A-PL-142
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment to the state and the denial of summary judgment to Thomas Herr on his claim that the Tippecanoe County closed primary election system is unconstitutional. Finds Herr has failed to show that Tippecanoe County’s closed primary system for electing judges violates the First or 14th Amendments, so the trial court did not err in denying his motion for summary judgment and granting the state’s. Also finds the trial court did not err in determining Tippecanoe County’s closed primary election system does not violate Herr’s right to vote under the Indiana Constitution. Finally, finds the trial court did not err in determining the closed primary system does not violate Herr’s rights under the privileges and immunities clause of the Indiana Constitution.
Supreme Court solidifies protections for workers who ask for religious accommodations
The U.S. Supreme Court on Thursday used the case of a Christian mailman who didn’t want to work Sundays to solidify protections for workers who ask for religious accommodations.
SCOTUS strikes down affirmative action in college admissions; Biden ‘strongly’ disagrees
The Supreme Court on Thursday struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.
Opinions June 28, 2023
Court of Appeals of Indiana
In the Matter of: R.G. (Minor Child) v. The State of Indiana
23A-JV-00011
Juvenile. Affirms the Lake Superior Court’s award of guardianship of R.G. to the Indiana Department of Correction following his violation of the probation he was serving after his adjudication as a delinquent. Finds the trial court did not abuse its discretion when it placed R.G. in DOC when he failed to abide by probation requirements, engaged in physical altercations in detention, and the only residential placement facility that accepted him didn’t have an opening for six to eight weeks.
COA affirms decision to fire Madison officer for mishandling evidence, not disclosing relationships
The Court of Appeals of Indiana affirmed the termination of a Madison police officer after a merit board found he didn’t properly log evidence or disclose relationships with women involved in criminal cases.
COA affirms court’s order to award guardianship of juvenile to DOC
A trial court did not abuse its discretion when it ordered a juvenile who violated the terms of his probation to be placed in the Indiana Department of Correction, the Court of Appeals of Indiana affirmed Wednesday.
Father loses challenge to sexual abuse convictions, sentence at COA
A father’s requests for a mistrial or a reduced sentence related to his multiple convictions of sexual abuse against his daughters have failed at the Court of Appeals of Indiana.
Supreme Court rejects novel legislative theory but leaves door open for 2024 election challenges
The U.S. Supreme Court shot down a controversial legal theory that could have changed the way elections are run across the country but left the door open to more limited challenges that could increase its role in deciding voting disputes in 2024.
IN justices grant transfer to Duke Energy, custody cases, deny transfer to separate Duke case
Indiana justices granted transfer to two cases for the week ending June 23, including one that involves Duke Energy’s nearly $2 billion economic development plan.
Discovery sanction was appropriate due to ‘egregious’ violation, IN justices affirm in child molesting case
An Indiana trial court properly sanctioned the state by excluding a defendant’s statements related to a polygraph that was supposed to be admissible, the Indiana Supreme Court has ruled.
Indiana man can’t be removed from sex offender registry for Kentucky offense, COA affirms
A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
Opinions June 27, 2023
Indiana Supreme Court
State of Indiana v. Bryan D. Lyons
23S-CR-163
Criminal. Grants transfer and affirms the suppression of incriminating statements Bryan D. Lyons made immediately after a polygraph that was changed to a “non-stipulated,” inadmissible investigatory examination without disclosure to the state. Finds that before excluding evidence as a Trial Rule 37 discovery sanction, a trial court must find that the exclusion is the sole remedy available to avoid substantial prejudice or that the sanctioned party’s culpability reflects an egregious discovery violation. Also finds the Lawrence Superior Court’s order in Lyons’ case enforced Trial Rule 37 within those limits.
SCOTUS rules state courts can play role in policing federal elections
The Supreme Court on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.
Supreme Court makes it more difficult to convict someone of making a threat
The U.S. Supreme Court ruled Tuesday to make it more difficult to convict a person of making a violent threat. The case could make it harder for prosecutors to convict certain people who threaten elected officials, including the president.
Opinions June 26, 2023
Indiana Supreme Court
S.D. v. G.D.
23S-PO-89
Protective order. Affirms the issuance of a two-year protective order against father S.D., with the Starke Circuit Court finding that mother G.D. had established that “domestic or family violence” occurred and that father “represents a credible threat to the safety” of G.D. and child H.D. Finds the trial court’s evidence-based findings support its judgment issuing a protective order against S.D.
IN justices reinstate 2-year protective order against father in domestic violence case
The Indiana Supreme Court affirmed a two-year protective order Monday for a mother and her child, upholding a trial court’s ruling that the child’s father “represents a credible threat to the safety” of the mother or child.
7th Circuit vacates summary judgment for Cook Medical in IVC filter cases, finding lack of jurisdiction
Two women who joined a wide-ranging MDL against Cook Medical did not allege injuries more than the jurisdictional minimum of $75,000, the 7th Circuit Court of Appeals has ruled in vacating the district court’s grant of summary judgment in Cook’s favor.
Sex crimes convictions, 650-year sentence upheld at COA, but dissenting judge points to pre-Wadle double jeopardy rules
The rape-related convictions that led to a man’s 650-year aggregate sentence will stand, as will the sentence itself, a split Court of Appeals of Indiana affirmed Monday in a ruling that included a dissent from one judge on the issue of double jeopardy.