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.
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.
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.
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.
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.
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.
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.
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.
Read Indiana appellate court decisions from the most recent reporting period.
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.
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.
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.
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.
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.
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.
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.
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.
The U.S. Supreme Court ruled Thursday that the Biden administration properly ended a Trump-era policy forcing some U.S. asylum-seekers to wait in Mexico.
In a blow to the fight against climate change, the U.S. Supreme Court on Thursday limited how the nation’s main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.
Indiana Supreme Court
Terrance Trabian Miller v. State of Indiana
20A-CR-2315
Criminal. Affirms Terrance Trabian Miller’s convictions. Finds any error that arose during jury instruction was invited by Miller, which precludes relief on direct appeal. Also finds sufficient evidence that Miller was lawfully stopped in his vehicle by police. Finally, finds Miller did not comply with the exhaustion rule, which precludes review of the Cass Circuit Court’s refusal to strike juror T.M. for cause. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion.