Indiana Supreme Court grants transfer to wage dispute case, 2 other cases
A dispute between a dentist and her former employer, which split the Court of Appeals over the award of damages, is now headed for the Indiana Supreme Court.
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Bill would require de novo judicial review of environmental agency decisions
A bill proposed in the 2022 Indiana legislative session would have required trial courts to try disputed issues of fact de novo in a judicial review of certain agency actions. Republican Rep. Chris Jeter, R-Fishers, said he authored House Bill 1063 in an attempt to even the playing field between decision-making agencies and Hoosiers, and in response to an Indiana Supreme Court decision.
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Web Exclusive: Expungement wait period case awaits justices
After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.
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Articles
Split COA affirms denial of minor’s gender-marker change, calls on Supreme Court for help
Making an about-face, a sharply divided panel of the Court of Appeals of Indiana has affirmed the denial of a mother’s second request to change her transgender child’s birth certificate gender marker. But noting its own conflicting precedent, the COA called on the Indiana Supreme Court to help resolve the issue.
Justices limit discrimination claims for emotional distress
The U.S. Supreme Court on Thursday upheld the dismissal of a discrimination lawsuit filed by a deaf, legally blind woman against a physical therapy business that wouldn’t provide an American Sign Language interpreter for her appointments.
High court rules for state in case of man shackled at trial
The Supreme Court said Thursday that a federal appeals court was wrong when it ordered Michigan to retry or release a convicted murderer because his rights were violated when he was shackled at trial.
Court upholds Puerto Ricans’ exclusion from benefits program
The Supreme Court has upheld the differential treatment of residents of Puerto Rico, ruling that Congress was within its power to exclude them from a benefits program that’s available in all 50 states and the District of Columbia.
High court opens door wider to malicious prosecution claims
In a victory for people falsely accused by police of crimes, the U.S. Supreme Court removed a barrier Monday to lawsuits against law enforcement for malicious prosecution.
Split COA affirms dismissal of adult charge against man for alleged acts as teen
Determining the heart of the issue was “a lack of clarity in the Indiana Code,” a split Court of Appeals of Indiana panel ruled an adult criminal court rightly dismissed, for lack of jurisdiction, a child molesting charge against a man who allegedly forced a preteen to have sex with him when he was 16.
IN justices: Forfeited funds can’t be released for defense, but summary judgment for state was inappropriate
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
Ex-band director’s texts to student splits COA on ‘harmful to minors’ debate
The Court of Appeals of Indiana has split on an internet-related issue in a case involving harmful content for minors after an ex-band director was handed a felony charge for text messages he sent to a former student.
Majority justices rule Duke can’t retroactively recover coal-ash cleanup costs
Indiana Supreme Court justices were divided on an issue of first impression brought by Duke Energy and the Indiana Utility Regulatory Commission, ultimately ruling that the utility cannot recover past coal-ash cleanup costs adjudicated under a prior rate order by treating the costs as a capitalized asset.
Court rejects GOP redistricting plans in NC, Pennsylvania
In a victory for Democrats, the Supreme Court has turned away efforts from Republicans in North Carolina and Pennsylvania to block state court-ordered congressional districting plans.
Pro se attorney gets public reprimand from justices for direct email to opposing party
Describing an Indianapolis lawyer as “his own worst enemy” when it comes to electronic communications, a split Indiana Supreme Court has issued a public reprimand after the lawyer sent a threatening email directly to an opposing party rather than working through another lawyer. A dissenting justice, however, said the rule in question in this issue of first impression does not apply to pro se lawyers like the attorney who was disciplined.
High court sides with government in Gitmo state secrets case
The Supreme Court sided with the government Thursday and dismissed a case involving a Guantanamo Bay detainee captured after the Sept. 11 attacks and tortured by the CIA abroad who has sought information about his treatment.
IN justices grant transfer to 1 case, split on 3 others
The Indiana Supreme Court has turned down a request by an Allen County man to determine whether he actually waived his right to appeal when he entered into a plea agreement, but two members of the court voted to hear the case.
Justices partially grant petition for rehearing in teen’s murder case, remove prejudice analysis
The Indiana Supreme Court has altered an October opinion reinstating a murder conviction against a defendant convicted as a teen of killing a toddler, granting rehearing to delete its prejudice analysis. The core holding of the opinion, however, remains unchanged.
Justices grant transfer in computer trespassing case, split in denial of several others
Indiana Supreme Court justices have declined transfer to more than a dozen cases, splitting in their decisions for several of them. However, the high court agreed to hear one case involving computer trespassing.
COA reverses for Madison man removed from community boards by mayor
A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.
Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.
Court bolsters defendant’s right to cross-examine witnesses
The Supreme Court on Thursday buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006.
Supreme Court won’t speed challenge to Texas abortion limits
In the latest setback for abortion rights in Texas, the Supreme Court on Thursday refused to speed up the ongoing court case over the state’s ban on most abortions.