Andy Warhol violated a photographer’s copyright on image of Prince, Supreme Court rules
The Supreme Court on Thursday ruled in favor of a photographer who claimed the late Andy Warhol had violated her copyright on a photograph of the singer Prince.
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Indiana Supreme Court hears arguments in condemnation case against Duke Energy
A Bloomington manufacturer argued before the Indiana Supreme Court on Wednesday that it was unfairly forced to modify building plans for a new warehouse, claiming Duke Energy Indiana took part of its land without compensation.
Trust in Supreme Court fell to lowest point in 50 years after abortion decision, poll shows
Confidence in the Supreme Court sank to its lowest point in at least 50 years in 2022 in the wake of the Dobbs decision that led to state bans and other restrictions on abortion, a major trends survey shows.
Opinions May 17, 2023
Court of Appeals of Indiana
MEGA OIL, INC., an Illinois Corporation, et al. v. CITATION 2004 INVESTMENT, LLC, a Delaware Limited Liability Company
22A-MI-1275
Miscellaneous. Affirms the Gibson Circuit Court’s grant of partial summary judgment to Citation 2004 Investment LLC. Finds the trial court did not clearly err.
Gibson Co. property already had valid lease for oil and gas development, COA affirms
A Gibson County property was already under a valid lease for oil and gas production and could not be leased for development to an energy company, the Court of Appeals of Indiana ruled Wednesday in affirming a lower court’s summary judgment decision.
Abortion pill case moves to appeals court, on track for Supreme Court
Legal arguments over women’s access to a drug used in the most common method of abortion move to a federal appeals court in New Orleans on Wednesday, in a case challenging a Food and Drug Administration decision made more than two decades ago.
Opinions May 16, 2023
Court of Appeals of Indiana
Kristopher M. Wainscott v. State of Indiana
22A-CR-1817
Criminal. Affirms the denial of Kristopher Wainscott’s motion to suppress all evidence derived from the search warrant for his phone. Finds the warrant had already been executed by the seizure of the phone when the alleged victim partially recanted her allegations against Wainscott, so the state had no obligation to inform the magistrate judge of the partial recantation.
COA upholds denial of PCR petition despite error in wording of plea agreement
Despite an error in wording in an attempted sexual misconduct guilty plea, the Court of Appeals of Indiana affirmed that an Indianapolis man was adequately made aware of what he was pleading guilty to and did not receive ineffective assistance of counsel.
Search warrant ‘executed’ at phone’s seizure, not search, COA rules on interlocutory appeal
A search warrant for a defendant’s phone was executed when the phone was seized, meaning a detective did not have to inform the trial court that the allegations underpinning the warrant were recanted before the phone was searched.
Opinions May 15, 2023
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: J.G. v. Community Health Network, Inc.
22A-MH-2533
Mental health. Dismisses J.G.’s appeal as moot. Finds her temporary commitment has expired and she has failed to show an applicable exception to the mootness doctrine. Also finds J.G. has failed to show that this is a “close case” such that the mootness doctrine should not be applied.
COA affirms photo, expert testimony in slip-and-fall case but reverses $4M verdict
A trial court did not abuse its discretion in admitting photographic evidence and expert testimony in a case involving a woman who slipped on ice in a Menards parking lot. But the Court of Appeals reversed a multimillion-dollar verdict.
Appeal from involuntary commitment dismissed as moot
A woman’s appeal of her completed involuntary commitment does not present an exception to mootness, the Court of Appeals of Indiana has ruled in a dismissal.
COA reinstates challenge to trust amendment
A woman’s complaint against an amendment to a family trust was timely and should be reinstated, the Court of Appeals of Indiana ruled Monday.
COA affirms dismissal of whistleblower suit against former state treasurer, Ice Miller, others
A trial court was correct to dismiss a whistleblower complaint brought against former Indiana Treasurer Kelly Mitchell and the law firm Ice Miller, among others, the Court of Appeals of Indiana has ruled.
Michigan City man’s burglary conviction upheld by COA
The Court of Appeals of Indiana rejected a man’s claims that the state committed “trial by ambush” by allowing testimony and video evidence that showed him taking two cases containing Glock handguns.
Opinions May 12, 2023
Court of Appeals of Indiana
Malcolm Dwight Smith II v. State of Indiana
21A-CR-1514
Criminal. Affirms Malcolm Dwight Smith II’s conviction for Level 4 felony burglary. Finds the LaPorte Superior Court did not violate Smith’s right to a speedy trial under Indiana Criminal Rule 4(B). Also finds Smith has waived his argument that the trial court abused its discretion in the admission of evidence. Finally, finds there was sufficient evidence to support the conviction.
Supreme Court backs California law for more space for pigs. Producers predict pricier pork, bacon
The Supreme Court on Thursday backed a California animal cruelty law that requires more space for breeding pigs, a ruling the pork industry says will lead to higher costs nationwide for pork chops and bacon.
Supreme Court rules against Puerto Rican journalists seeking records from financial oversight board
The Supreme Court ruled Thursday against an organization of Puerto Rican journalists in its quest for documents from the financial oversight board created to deal with the island territory’s bankruptcy.
COA affirms revocation of probation for failed drug tests, new offenses in Ohio
The Court of Appeals of Indiana has affirmed the revocation of a man’s probation, finding the defendant violated his probation by failing drug tests and committing new offenses in Ohio.
IN Supreme Court denies transfer to 2 gender-marker change cases despite pleas from Rokita, COA
The Indiana Supreme Court will not consider two cases involving transgender children whose parents’ petitions to change their gender markers on their birth certificates were denied.