Appeals court: Congress can see some Trump financial records
A federal appeals court on Friday narrowed the range of documents House Democrats are entitled to in their yearslong investigation of Donald Trump’s finances.
Court opinions
Articles
Justices grant transfer to 1, deny 28 other cases
Indiana Supreme Court justices granted transfer to only one case among 28 others, agreeing to hear a dispute involving a traveling actor’s attempts to receive CARES Act benefits in Indiana.
Opinions July 8, 2022
7th Circuit Court of Appeals
United States of America v. Joseph Furando, Appeal of: Christine M. Furando, et al.
20-1526
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates the district court’s denial of the third-party claimants’ section 21 U.S.C. § 853(n) petition but affirms the grant of the government’s motion for interlocutory sale of real property. Remands for further proceedings.
COA reverses drug charges because person of ‘ordinary intelligence’ wouldn’t know about crime
The Court of Appeals of Indiana has tossed drug charges against three individuals because the emergency rule that made the synthetic cannabinoid a Schedule I narcotic failed to provide adequate information so that person of “ordinary intelligence” would know he or she was engaging in illegal behavior.
7th Circuit: Bloomington hospital complied with federal law before patient’s death
A widower who sued a Bloomington hospital for failure to operate following his wife’s death did not find relief at the 7th Circuit Court of Appeals, which ruled that the facility had complied with its requirements under the Emergency Medical Treatment and Labor Act.
Opinions July 7, 2022
Court of Appeals of Indiana
701 Niles, LLC v. AEP Indiana Michigan Transmission Company, Inc., et al.
21A-PL-2123
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of 701 Niles’ motion to enjoin. Finds AEP Indiana Michigan Transmission Company may constitutionally proceed with its project to build an underground electric transmission line on part of 701 Niles’ property. Also finds the University of Notre Dame’s attempt to use AEP’s easements for its hydropower project is an unconstitutional taking. Remands with instructions that the trial court enter an order enjoining AEP from installing the university’s line to the duct bank without 701 Niles’ express consent.
Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms
A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.
COA calls a foul after Fighting Irish try to ‘piggyback’ on public project
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
7th Circuit rules Indiana worker did not prove pretext in firing
In considering the arguments made by an Indiana woman who claimed her former employer discriminated against her on the basis of her age and disability, the 7th Circuit Court of Appeals found she could not overcome the pretext hurdle because she essentially offered only a hunch without any supporting evidence.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.
COA: Despite driver’s admission to smoking meth, state failed to prove OWI
A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.
Indiana Court Decisions: June 16-28, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Division over Dobbs raises concerns about Supreme Court’s legitimacy
The decision to overturn the nearly 50-year precedent upholding a constitutional right to abortion came at a time when the public’s approval rating of the U.S. Supreme Court was already at historic low.
Lawmakers returning to Statehouse to pass new abortion laws
The weeks between now and the start of the Indiana Legislature’s special session might be the calm before the storm. With the U.S. Supreme Court sending abortion decisions back to the states, Indiana Republican leadership expanded the agenda for the special session from tax relief to also include the crafting of a new abortion law.
Ripple effect: Health care providers, attorneys predict impact of Dobbs on Hoosier women
Indiana lawmakers plan to convene for a special session on July 25 to address abortion. Meanwhile, Hoosier health care providers and attorneys are scrambling to answer questions about where they fit into the mix and what it will mean to be compliant in a landscape without Roe v. Wade.
Opinions July 5, 2022
Court of Appeals of Indiana
In the Matter of the Contempt of Christopher C. Myers; Adam Williams and Debbie Williams v. Shafer Pick A Part, LLC, and Paul Shafer
22A-CT-142
Civil tort. Affirms the Allen Superior Court’s imposition of sanctions on attorney Christopher C. Myers. Finds the trial court did not abuse its discretion by imposing Trial Rule 37(D) sanctions against Myers, as he was aware of the deposition date and aware that his motion to quash had been denied, but still failed to appear. Declines to recommend or remand for the imposition of appellate penalties.
Fort Wayne attorney loses sanctions appeal
An Indiana attorney who didn’t show up for a rescheduled deposition because he was “fully booked” has failed to convince the Court of Appeals of Indiana that the sanctions imposed against him were improper.
COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation
Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.
Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights
A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.
COA rejects evidentiary challenges, upholds murder conviction
With the dying words of his victim and cellphone records against him, an Indiana murderer failed to get his conviction overturned by the Court of Appeals of Indiana on Thursday.