Web Exclusive: Use of wiretap laws changing as civil claims seemingly become more common
Wiretapping is seeing an increase, both in criminal case authorizations and, perhaps unexpectedly, as a claim in civil proceedings.
Alexa Shrake
Twitter:
@alexashrake901
Articles
ACLU of Indiana sues DOC, alleging constitutional violations for not providing gender-affirming surgery
The American Civil Liberties Union of Indiana has filed a lawsuit against the Indiana Department of Correction, claiming the DOC won’t provide gender-affirming surgery for an incarcerated transgender woman.
State asks 7th Circuit to vacate injunction on law banning gender transitions for minors
The state has filed an appellant brief with the 7th Circuit Court of Appeals and is requesting that the court vacate a district court injunction that preliminarily enjoined a law that would have banned gender transition procedures for Indiana minors.
Former Johnson County judge pleads guilty, sentenced on OWI charge
A former Johnson County judge pleaded guilty earlier this month to a misdemeanor charge of operating a vehicle while intoxicated and endangering a person in a case stemming from a Feb. 9 incident.
Above-guidelines sentence is appropriate, 7th Circuit affirms
A man’s above-guidelines sentence for being a felon in possession of a firearm was not inappropriate given his criminal history, the 7th Circuit Court of Appeals ruled Tuesday.
‘Relatively minor’ juvenile offense didn’t warrant commitment in DOC, COA rules in reversal
A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.
Wentworth certified as senior judge ahead of Tax Court retirement
Outgoing Indiana Tax Court Judge Martha Blood Wentworth has been granted senior judge status.
COA upholds convictions, 40-year sentence for man convicted of robbing, beating 85-year-old woman
A man convicted of breaking into an elderly woman’s home and severely beating her could not convince the Court of Appeals of Indiana that his felony convictions or sentence should be overturned.
IN Supreme Court denies motion for rehearing on Indiana’s near-total abortion ban
A split Indiana Supreme Court has denied the American Civil Liberties Union of Indiana’s motion for rehearing on the state’s near-total abortion ban.
COA affirms arson conviction, rejects mistrial, evidence arguments
A man convicted of setting fire to his sister’s property failed to convince the Court of Appeals of Indiana that the trial court erred in denying his request for a mistrial or in admitting “silent witness” evidence.
Courts and the Judiciary not meeting in 2023 as legislative study committees get underway
Indiana lawmakers are returning to the Statehouse this month to begin meeting in their interim study committees, but one group that won’t be gathering is the Interim Study Committee on Courts and the Judiciary.
Allen Co. judge grants temporary restraining order in physician noncompete lawsuit
A temporary restraining order has been granted in one of the first lawsuits following Indiana’s new statute on physician noncompete agreements.
Continuing a legacy: Brady settles in as Northern District Court chief judge
One thing most people agree on when talking about Holly Brady is her strong work ethic, both now as a judge and when she worked in private practice. That work ethic has propelled her to her current role as chief judge of the Indiana Northern District Court.
Vague statute leads to litigation for clarification: Physician noncompete statute facing questions from both sides
A new law went into effect in Indiana last month that eliminates the use of noncompete agreements in physicians’ contracts. However, the legislation has raised many questions for attorneys and clients on both sides of the issue.
Web Exclusive: Meet the judges: Montgomery Superior Judge Daniel Petrie
Montgomery Superior Judge Daniel Petrie is the most recent trial court judge to be featured in Indiana Lawyer’s Spotlight series, which focuses on judicial officers in more rural areas of the state.
Longtime city employee sues Valparaiso, alleges constitutional violations, gender/pay discrimination
A woman has filed a federal lawsuit against the city of Valparaiso, its mayor, a former city administrator Organizational Development Solutions, Inc. and the company’s president, alleging gender and pay discrimination, harassment, retaliation and defamation.
Neighbor awarded summary judgment on nuisance claim entitled to attorney fees, COA rules
The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.
COA upholds admission of gun found on juvenile
A trial court did not err in admitting evidence seized as a result of a stop and pat-down of a juvenile, the Court of Appeals of Indiana has affirmed.
7th Circuit certifies question of what constitutes ‘arson’ to IN Supreme Court, stays appeal challenging enhanced sentence for felon-in-possession conviction
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to provide guidance on what constitutes “arson” under state law.
7th Circuit affirms sentence enhancement based on 3 prior IN burglaries
A district court properly imposed an enhanced sentence on a man convicted of being a felon in possession of a firearm because his three prior burglary convictions in Indiana qualified him for the enhancement, the 7th Circuit Court of Appeals ruled Thursday.