Business owners sue city of Boonville over building demolitions
The owners of Stoners Grill and SassFrassy assert that the city intentionally condemned their properties so that it could acquire the land for redevelopment.
Fifth Amendment
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Sharply divided Supreme Court sides with smartphone owner in self-incrimination case
A harshly split Indiana Supreme Court has ruled 3-2 in favor of a woman who was found in contempt for refusing to unlock her smart phone in a criminal investigation. A majority of the high court reversed the contempt order, holding in a landmark ruling that forcing her to unlock her iPhone would violate her Fifth Amendment right against self-incrimination.
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Trump, in a new interview, says he doesn’t know if he backs due process rights
President Donald Trump is circumspect about his duties to uphold due process rights laid out in the Constitution, saying in a new interview that he does not know whether U.S. citizens and noncitizens alike deserve that guarantee.
Vanderburgh Co., sheriff’s office sued for alleged wrongful arrest after police chase
A southwestern Indiana man is suing Vanderburgh County, the Vanderburgh County Sheriff’s Office and one of its deputies over what the plaintiff says was his wrongful arrest for a 2022 traffic offense.
Jury may not hear cops’ admissions in Tyre Nichols’ beating
One of the officers involved in the fatal beating of Tyre Nichols took a cellphone photo of the bloodied and handcuffed man and shared it with five other people. But the officer’s statement about sharing the photo will likely never be seen by a jury.
Owners of store that sold baby clothes for adults sue Noblesville officials
The owners of a Noblesville business that sold baby clothes for adults before being shut down last summer have filed a federal suit against the city’s planning director and members of the city’s Board of Zoning Appeals.
7th Circuit denies Kokomo man relief in sextortion case
A northern Indiana man involved in a sextortion scheme involving “many” individuals online, including minors, has failed to convince the 7th Circuit Court of Appeals that his constitutional rights were violated during an investigation by the FBI.
Trump says he took the 5th in NY civil investigation
Donald Trump invoked the Fifth Amendment and wouldn’t answer questions under oath in the New York attorney general’s long-running civil investigation into his business dealings, the former president said in a statement Wednesday.
COA: Duke Energy didn’t ‘take’ land when instructing builder to comply with utility regulations
A Bloomington landowner that had to build a smaller warehouse than anticipated due to longstanding utility regulations failed to prove that Duke Energy engaged in a taking of its property by enforcing the regulations, the Court of Appeals of Indiana has ruled.
7th Circuit uphold dismissal of gun accessory manufacturer’s complaint
The owner of a firearm accessories manufacturing facility in southern Indiana who claimed his rights against search and seizure were violated when federal agents raided his business got a lesson on the Federal Rules of Evidence and the importance of precedent from the 7th Circuit Court of Appeals.
U.S. Supreme Court rules out suing police for Miranda violations
The U.S. Supreme Court on Thursday ruled that law enforcement officers can’t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questioning them.
7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Elkhart man cleared of murder conviction suing city, county officials for constitutional violations
An Elkhart man whose murder conviction was overturned two years ago after he spent nearly 17 years in prison is now suing Elkhart County law enforcement officials who he claims conspired to exploit his mental disability and coerce a false confession.
No constitutional violation when defendant ordered to smile for jury, COA rules
The Wells Circuit Court didn’t violate a methamphetamine dealer’s Fifth Amendment rights when it ordered him to show his teeth to a jury to demonstrate he was the same person that was in an incriminating video, according to the Court of Appeals of Indiana.
COA: Murder defendant could not call accomplice to witness stand
The Court of Appeals of Indiana has declined to overturn the conviction of a man who claimed he was denied his constitutional right to present a defense at his murder trial when the trial judge prevented him from calling his accomplice and forcing him to either testify or invoke his Fifth Amendment rights.
COA to hear murder, negligence appeals next week
The Court of Appeals of Indiana will be on the road next week, traveling to two Indiana high schools to hear oral arguments in a murder case and a negligence dispute arising from a deadly fire.
COA: No 5th Amendment protection for liquidator from order to produce unredacted documents
A liquidating company cannot avoid a court order to produce unredacted documents using the argument that the Fifth Amendment protects them, the Court of Appeals of Indiana ruled Wednesday.
Molester’s conviction, 50-year sentence affirmed on appeal
The conviction and 50-year sentence imposed on a man who molested a 3-year-old was affirmed Wednesday by an Indiana Court of Appeals panel, which rejected his arguments that a statement he made to officers was wrongly admitted and that his sentence was inappropriate.
Indiana joins national split over Fifth Amendment technology question
A 3-2 Indiana Supreme Court decision last month ruled that Fifth Amendment protection against self-incrimination extends to court orders for a suspect to unlock her cellphone. Other states, however, have taken the opposite stance, setting the stage for a likely US Supreme Court case.
7th Circuit: Caseworker didn’t retaliate against prisoner
An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.
Good time credit restored after inmate wins habeas petition
In noting the state did not provide any evidence to support its arguments, the Southern Indiana District Court restored an inmate’s earned credit time which he had lost for refusing to participate in a sex offender program.