Mathias, Vaidik, Weissmann poised for easy retention
As expected, Indiana’s three appellate judges on the ballot in this week’s election are poised to sail to retention.
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Man gets home detention for shooting Black man during Indy unrest
A man convicted of reckless homicide in the 2020 shooting of a young Black man in Indianapolis during unrest sparked by George Floyd’s killing by Minneapolis police was sentenced Thursday to one year of home detention.
Suspended Indiana priest avoids prison in sex abuse case
A suspended Indianapolis priest has avoided prison after pleading guilty to a lesser charge in a case alleging that he sexually abused a teenage boy.
3 charged with sending defense-related data to China, including 2 from Indiana
Three people and a business have been charged in federal court with participating in an illegal scheme to export controlled data to China and to defraud the Defense Department.
US judge in Texas strikes down Biden loan-forgiveness plan
A U.S. judge in Texas on Thursday blocked President Joe Biden’s plan to provide millions of borrowers with up to $20,000 apiece in federal student-loan forgiveness.
Indiana GOP adds to supermajorities, reelects chamber leadership
Indiana Senate Republicans picked up a seat while the House GOP appears to have improved its advantage pending final tallies in Tuesday’s General Election — a red victory that strengthened supermajorities and led to reelection of leadership in both chambers.
AG urges Indiana Supreme Court to approve state’s abortion ban
Calling the order blocking the state’s new abortion ban a “judicial amendment of the Indiana Constitution,” the state of Indiana is assailing the trial court for ignoring the text and history of the state’s founding document in order to invent a new right.
Opinions Nov. 10, 2022
Court of Appeals of Indiana
Willie Mills Sr. v. State of Indiana
22A-CR-591
Criminal. Affirms Willie Mills Sr.’s convictions for Level 2 felony burglary, Level 3 felony burglary, Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds Mills failed to show that the face mask requirement imposed by the Wayne Superior Court denied him his right to confront witnesses and was fundamental error. Also finds Mills waived his Article I, Section 13 right to counsel claim by failing to raise it in the trial court and, waiver notwithstanding, Mills failed to show any reason why, unlike the federal constitution, the state constitution should be interpreted to disallow admission of a statement that a defendant knowingly and voluntarily gave to law enforcement after appointment of counsel. Finally, finds there is sufficient evidence to support Mills’ convictions as an accomplice.
Rush details status of judiciary in IN Supreme Court annual report
Chief Justice Loretta Rush settled into a chair in the Indiana Supreme Court’s quiet law library Wednesday afternoon to discuss the health and status of the high court.
COA affirms father’s accomplice convictions in violent robbery with son
A Wayne County father involved in a bloody robbery with his son did not find relief from his accomplice convictions at the Court of Appeals of Indiana.
Rep. Robin Shackleford looks to become Indianapolis’ first Black and first female mayor
State Rep. Robin Shackleford announced Thursday that she will seek the Democratic nomination to run for mayor of Indianapolis in 2023, a decision that could pit her against incumbent Mayor Joe Hogsett in the Democratic primary next May.
Republican candidates nearly sweep races for prosecutor, judge across Indiana
Continuing a statewide trend, Republican candidates dominated Indiana’s contested judicial races in the Nov. 8 election. Democrats, however, did see victories in a handful of key contests.
Man accused of killing 2 Delphi girls asks for public defender
The man accused of killing two teenage girls from Delphi has requested a public defender in a letter to the court filed Wednesday because both he and his wife can no longer work.
Indiana GOP keeps Legislature control amid abortion debate
Indiana’s Republican legislators didn’t pay a political price for enacting a state abortion ban despite Democrats trying to capitalize on anger among voters who support abortion rights.
Justices seem to favor most of Native child welfare law
The Supreme Court appeared likely Wednesday to leave in place most of a federal law that gives preference to Native American families in foster care and adoption proceedings of Native children.
Abortion docs file emergency motion to block Rokita from accessing patient records
| IL Staff
Attorneys for Indianapolis OB-GYN Dr. Caitlin Bernard and her medical partner have filed an emergency motion to halt Indiana Attorney General Todd Rokita from accessing medical records from her patients.
COA: School corporations can’t assert takings claims against state in charter school dispute
Three Indiana school corporations have failed to convince the Court of Appeals of Indiana to overturn a law requiring them to sell vacant public school buildings to charter schools for $1.
7th Circuit: Immigration appeals case wrongly applied new precedent retroactively
A Mexican citizen lawfully living in the United States will have a chance to revisit her challenge to removal proceedings after the 7th Circuit Court of Appeals determined a new rule was impermissibly applied to her case retroactively.
SCOTUS appears skeptical of HHC in Talevski arguments
Near the end of an oral argument that stretched beyond 1½ hours, Arnold & Porter attorney Andrew Tutt reminded the U.S. Supreme Court what started the case — a family was trying to get proper medical care for their elderly father.
Opinions Nov. 9, 2022
Court of Appeals of Indiana
Lake Ridge School Corporation and School City of Hammond, West Lafayette Community School Corporation v. Eric Holcomb, in his official capacity as Governor of the State of Indiana; Indiana State Board of Education; Indiana Department of Education; and Todd Rokita, in his official capacity as Attorney General of the State of Indiana
22A-PL-423
Civil plenary. Affirms the Lake Superior Court’s grant of summary judgment to defendants Eric Holcomb, in his official capacity as governor of the state of Indiana; the Indiana State Board of Education; that Indiana Department of Education; and Todd Rokita, in his official capacity as attorney general of the state of Indiana in a dispute with Lake Ridge School Corporation, School City of Hammond and West Lafayette Community School Corporation. Finds the school corporations, as political subdivisions, cannot assert takings claims against the state defendants in their efforts to maintain control of closed public-school buildings.