Tracking fracking in Indiana
Recent laws provide regulations, but an effort for advance plan approval gains little traction.
Laws
Articles
Change to public intoxication statute not retroactive
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
Mishawaka man sues Walgreens over alleged violation of ‘guns in workplace’ laws
A former Walgreens store employee plans to file a lawsuit Thursday in St. Joseph County alleging the company fired him for lawfully carrying his gun into another Walgreens location where his wife worked.
Certain religious organizations may not have to provide contraceptives
Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.
Couple had to get permit before installing septic systems
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
Sovereign citizens disavow legal system, make bogus filings aimed at police, judges
Martin Jonassen describes himself as a sovereign citizen, one of a loose affiliation of people who believe most laws don’t apply to them. Adherents also strive to make life difficult and sometimes dangerous for law enforcement and the judiciary, and Indiana lawmakers have taken notice.
COA rules minors must be active participants to meet statute’s definition of ‘child exploitation’
A man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
7th Circuit strikes down sex-offender social media ban as unconstitutional
Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.
New group aims to prevent many from enetering juvenile justice system
A number of federal and state agencies along with nonprofit organizations are working to help regain the youths’ footing after they stumble into trouble. Now, a new nonprofit has been formed with a focus on preventing children and teenagers from entering the juvenile justice system.
Judges uphold finding that past burglaries were not single criminal episode
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
ATM fee notice change likely
A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.
Woman who invited abusive spouse did not violate no-contact protective order
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
COA reminds ex-spouse that turnips cannot bleed
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”
Justices issue 4 opinions tackling prejudgment interest
In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
Indiana justices consider constitutional challenge to Choice Scholarship Program
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
IU professor helps get pesky scrivener’s error removed from Trademark Act
One pesky scrivener’s error that altered the protection provided by the Trademark Dilution Revision Act of 2006 has been corrected thanks to the efforts of an Indiana University professor.
Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules
The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.
DCS study committee to hold last meeting Tuesday
The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.
COA orders man removed from Ind. sex offender registry
Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.