Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Subpoena showdown: Congressional fights highlight differences from court processes
The back-and-forth between Congress and the Trump administration over subpoenas might seem like a telltale sign of the political tension dividing Washington, but it’s historically not that uncommon. Subpoena fights, however, are much less common in state and federal courts.
AG Hill accusers file harassment, retaliation lawsuit against him, state
Another chapter has been opened in the ongoing saga surrounding allegations that Attorney General Curtis Hill drunkenly groped four women at a bar more than a year ago. The four women, who up to this point have pursued action within the Equal Employment Opportunity Commission, have now taken their complaint to the Southern Indiana District Court.
DCS lawsuit details harm to children
An 81-page lawsuit filed Tuesday against the Indiana Department of Child Services claims the agency is failing to protect children and further inflicting trauma by placing foster children in inappropriate, unstable or overly restrictive facilities and not providing the necessary medical and mental health care.
New laws for 2019
The following enrolled acts, followed in parentheses by their corresponding public law numbers, take effect July 1 unless otherwise noted below.
Census, redistricting top remaining Supreme Court cases
The Supreme Court enters its final week of decisions with two politically charged issues unresolved: whether to rein in political line-drawing for partisan gain and allow a citizenship question on the 2020 census.
Gary mom must get education, job after daughter’s shooting death
A northwestern Indiana woman who pleaded guilty to a reduced neglect charge stemming from her 2-year-old daughter’s shooting death has been ordered to take parenting classes, get an education, stay off drugs and find a job. Dashana Fowler of Gary was sentenced Monday to three years in a Community Transition Court for the Sept. 4 death of Jayla Miller.
Zipping into statutes: Overview of new laws for 2019
Although the $34 billion budget dominated the session, legislators introduced and considered more than 600 bills each in both the Senate and the House. The ones they passed covered a variety of matters, including hate crimes, hemp, gambling, foster parents, electricity generation and, of course, electric scooters.
Officials remain tight-lipped about judges’ shooting
Since Clark Circuit Judges Andrew Adams and Bradley Jacobs returned to their southern Indiana homes in mid-May to recuperate from being shot, few updates on their conditions and announcements regarding the prosecution of their case have been provided, leaving some in the community wondering.
Trial and error: Attorneys navigate e-filing errors, but clerks say rejections infrequent
Lawyers and paralegals largely agree that electronic filing has improved their work, cutting the time and cost of printing and distributing hundreds or even thousands of paper documents. But enjoying the full benefits of the electronic system, they say, is a matter of trial and error.
Complex questions about justice center site safety concern prosecutor, public defender
Since the Marion County judges hired their own environmental consultant to review the remediation plans for the property where the new justice center is slated to be built, the Marion County prosecutor and public defender offices have started raising their own concerns about the level of contamination and safety of their workers.
Indiana death row inmate denied SCOTUS appeal of sentence
An Indiana death row inmate whose request for a new sentencing hearing split the Indiana Supreme Court and drew a 40-page dissent from Chief Justice Loretta Rush has failed to convince the U.S. Supreme Court to review his case.
Supreme Court rejects early challenge to Trump steel tariffs
The U.S. Supreme Court is rejecting an early challenge to President Donald Trump’s authority to impose tariffs on imported steel based on national security concerns.
Justices deny transfer to 2 cases that split COA
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
Justices side with business, government in information fight
The Supreme Court of the United States sided with businesses and the U.S. government Monday in a ruling about the public’s access to information, telling a South Dakota newspaper it can’t get the data it was seeking.
Jailed Fort Wayne attorney gets interim suspension for embezzlement convictions
A Fort Wayne attorney currently serving a six-month embezzlement sentence in federal prison has been suspended from the practice of law in Indiana effective immediately following his felony convictions. The Indiana Supreme Court issued an order of interim suspension against Randall B. Stiles, who was sentenced in March to six months behind bars for two counts of felony bankruptcy fraud and one count of misdemeanor failure to file a tax return.
Senior judge to serve as judge pro tem after Lake County retirement
A judge pro tempore has been appointed to temporarily fill the seat of Lake Superior Judge John R. Pera, who recently announced his plans to retire at the end of this month.
High court strikes down ‘scandalous’ part of trademark law
The Untied States Supreme Court has struck down a section of federal law that prevented officials from registering trademarks seen as scandalous or immoral, handing a victory Monday to California fashion brand FUCT.
Feds in Hammond announce indictments of Chicago gang members
Several alleged members of a Chicago-based street gang have been indicted on charges that they killed or injured more than 40 people in shootings, stabbings and assaults in Chicago and Indiana dating back to 2006.
Henry, Madison counties considering possible shared jail
Officials from two central Indiana counties are considering the possibility of opening a regional jail that they would share.