The Supreme Court ruled Wednesday that a Pennsylvania public school wrongly suspended a student from cheerleading over a vulgar social media post she made after she didn’t qualify for the varsity team.
The Supreme Court on Wednesday sided with California agriculture businesses in their challenge to a state regulation that gives unions access to farm property in order to organize workers. As a result of the ruling, California will have to modify or abandon the regulation put in place in 1975 after the efforts of labor leader Cesar Chavez.
Adding to the country’s ongoing discussion of the extent of police powers, the Supreme Court on Wednesday put limits on when police officers pursuing a fleeing suspect can enter a home without a warrant.
The Supreme Court on Wednesday ruled that the structure of the agency that oversees mortgage giants Fannie Mae and Freddie Mac violates separation of powers principles in the Constitution.
It’s summertime, which means the Supreme Court is issuing opinions! Many of the cases involve Criminal Law. We’ll highlight a couple here.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
State of Indiana v. Justin Jones
21S-CR-50
Criminal. Reverses an order requiring a confidential informant in Justin Jones’ case to have a face-to-face interview with opposing counsel. Finds that an informant’s identity is inherently revealed through their physical appearance at a face-to-face interview. Also finds that when a defendant requests such an interview, the state has met its threshold burden to show the informer’s privilege applies. Finally, finds the Marion Superior Court did not apply the established balancing test before ordering disclosure. Remands.
It’s now up to a trial court to calculate credit time and determine whether a man who was released from prison too soon should be reincarcerated or remain free, the Indiana Supreme Court wrote in a Monday reversal.
The Indianapolis-based NCAA has taken another hit in court, this time at the highest level, and yet insists it is an isolated setback and not a major step toward bringing down its version of amateurism. Legal analysts agree with that — at least until the next court challenge comes. And they seem sure to come.
The Supreme Court on Monday ruled that Congress erred when it set up a board to oversee patent disputes by failing to make the judges properly accountable to the president.
A federal judge dismissed most claims filed by activists and civil liberties groups who accused the Trump administration of violating the civil rights of protesters who were forcefully removed by police before then-President Donald Trump walked to a church near the White House for a photo op.
Indiana Court of Appeals
David K. and Jane A. Burton, et al. v. Board of Zoning Appeals of Madison County, and Lone Oak Solar, LLC
20A-MI-2186
Miscellaneous. Affirms the denial of neighbors David and Jane Burton, Bob and Jean Mills, Curtis and Rebecca Harrison, Kara and Richard Brown, Ross and Katrina Hunter, Joshua Hiday, John Doe and Jane Doe’s petition for judicial review in favor of the Board of Zoning Appeals of Madison County and Lone Oak Solar Energy LLC. Finds the votes of BZA members Mary Jane Baker and Beth VanSickle in favor of Lone Oak were valid and that there was substantial evidence to support Lone Oak’s special use applications and setback variances.
Opinions June 18, 2021 Indiana Court of Appeals A.C. James, Jr. v. State of Indiana (mem. dec.) 19A-PC-2311 Post-conviction. Affirms the denial of A.C. James Jr.’s petition for post-conviction relief. Finds the errors he alleged do not amount to ineffective assistance of counsel. Marq Hall v. State of Indiana (mem. dec.) 19A-PC-2919 Post-conviction. Affirms the […]
Indiana Supreme Court
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
20S-MI-00567
Miscellaneous. Affirms and reverses in part the grant of summary judgment to London Witte Group in a dispute with the city of Marion. After applying the adverse domination doctrine, finds summary judgment was inappropriate for all of the city of Marion’s claims because there are genuine issues of material fact as to whether former Mayor Wayne Seybold adversely dominated the city, and whether London Witte Group helped him do so. Remands for further proceedings.
The Supreme Court has dismissed a challenge to the Obama era health care law, preserving insurance coverage for millions of Americans.
A dispute between a city administration and a financial advising group that allegedly contributed to corruption in the city is headed to trial after the Indiana Supreme Court reversed the award of summary judgment for the adviser.
The Supreme Court on Thursday unanimously sided with a Catholic foster care agency that says its religious views prevent it from working with same-sex couples as foster parents. The justices said the city of Philadelphia wrongly limited its relationship with the group as a result of the agency’s policy.
7th Circuit Court of Appeals
Design Basics, LLC, et al. v. Kerstiens Homes & Designs, Inc, et al.
18-3202, 19-3118 & 20-1515
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the Indiana Southern District Court’s award of $518,457.80 in attorney fees to Kerstiens Homes & Designs Inc. and the dismissal of Design Basics LLC’s copyright infringement suit against Kerstiens. Finds the allegedly infringing floor plans consist largely of standard features found in homes across America.
A Jasper homebuilder awarded more than $518,000 in attorney fees in a dispute with an “intellectual property troll” over the use of certain floor plans gets to keep that money, the 7th Circuit Court of Appeals affirmed in a Wednesday decision.
Indiana Court of Appeals
Michael Bousum v. Amber Bousum
20A-DR-1834
Domestic relations. Affirms the Clinton Superior Court’s order awarding appellate attorney fees to Amber Bousum from the father of her child, Michael Bousum. Finds Amber’s request for appellate attorney fees is not barred by res judicata or by the law of the case doctrine.