High court expands eligibility for Clean Air Act exemption
The Supreme Court on Friday said an expanded number of small refineries can seek an exemption from certain renewable fuel requirements.
Court opinions
Articles
Opinions June 25, 2021
Michael R. Jent v. Bureau Of Motor Vehicles (mem. dec.)
20A-CT-02096
Civil tort. Affirms the dismissal of Michael Jent’s complaint against the Indiana Bureau of Motor Vehicles. Finds any error committed by the Marion Superior Court in granting the BMV’s motion to dismiss Jent’s complaint with prejudice was harmless.
Opinions June 24, 2021
Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.
Opinions June 24, 2021
Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.
Finding error, COA reverses denial of tax sale
The deceased owner’s brother has lost possession of a 10-foot-wide vacant lot after the Indiana Court of Appeals found the trial court was “clearly erroneous” in finding the purchaser did not give proper notice.
Inmate’s discipline sanction doesn’t preclude criminal prosecution for same act, COA rules
Disciplinary sanctions imposed by the Indiana Department of Correction against a Miami County inmate for battering an officer did not constitute double jeopardy barring criminal prosecution, the Indiana Court of Appeals has ruled.
COA affirms denial of summary judgment to Howard Co. after botched 911 call
A genuine issue of material fact still exists on the willful or wanton exception to governmental immunity for the use of a 911 system in the case of mishandled Howard County emergency call that resulted in a woman’s death, the Indiana Court of Appeals has affirmed.
Geologist loses second wrongful-termination lawsuit against INDOT
A geologist who tried to detour around the summary judgment granted to the Indiana Department of Transportation in his wrongful-termination lawsuit was blocked by 7th Circuit Court of Appeals, which found he was trying to take a road he had already traveled.
Opinions June 23, 2021
Indiana Court of Appeals
Thomas D. Hunter v. State of Indiana (mem. dec.)
20A-PC-1293
Post-conviction. Affirms the denial of Thomas Hunter’s petition for post-conviction relief following his guilty plea to felony murder. Finds Hunter failed to prove he was denied due process based on an alleged Brady violation or that he received ineffective assistance of trial counsel.
Justices rule for cursing cheerleader over Snapchat post
The Supreme Court ruled Wednesday that a Pennsylvania public school wrongly suspended a student from cheerleading over a vulgar social media post she made after she didn’t qualify for the varsity team.
High court backs businesses challenging California labor law
The Supreme Court on Wednesday sided with California agriculture businesses in their challenge to a state regulation that gives unions access to farm property in order to organize workers. As a result of the ruling, California will have to modify or abandon the regulation put in place in 1975 after the efforts of labor leader Cesar Chavez.
High court limits when police can enter home without warrant
Adding to the country’s ongoing discussion of the extent of police powers, the Supreme Court on Wednesday put limits on when police officers pursuing a fleeing suspect can enter a home without a warrant.
Supreme Court: Mortgage overseer structure unconstitutional
The Supreme Court on Wednesday ruled that the structure of the agency that oversees mortgage giants Fannie Mae and Freddie Mac violates separation of powers principles in the Constitution.
IndyBar: 2021 SCOTUS Round Up: Part One
It’s summertime, which means the Supreme Court is issuing opinions! Many of the cases involve Criminal Law. We’ll highlight a couple here.
Indiana Court Decisions – June 3-16, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions June 22, 2021
Indiana Supreme Court
State of Indiana v. Justin Jones
21S-CR-50
Criminal. Reverses an order requiring a confidential informant in Justin Jones’ case to have a face-to-face interview with opposing counsel. Finds that an informant’s identity is inherently revealed through their physical appearance at a face-to-face interview. Also finds that when a defendant requests such an interview, the state has met its threshold burden to show the informer’s privilege applies. Finally, finds the Marion Superior Court did not apply the established balancing test before ordering disclosure. Remands.
Justices reverse, remand man’s reincarceration after being released too soon
It’s now up to a trial court to calculate credit time and determine whether a man who was released from prison too soon should be reincarcerated or remain free, the Indiana Supreme Court wrote in a Monday reversal.
Analysis: Court ruling leaves NCAA more vulnerable than ever
The Indianapolis-based NCAA has taken another hit in court, this time at the highest level, and yet insists it is an isolated setback and not a major step toward bringing down its version of amateurism. Legal analysts agree with that — at least until the next court challenge comes. And they seem sure to come.
High court: Congress erred in patent dispute board setup
The Supreme Court on Monday ruled that Congress erred when it set up a board to oversee patent disputes by failing to make the judges properly accountable to the president.
Judge tosses most claims over clearing protesters in DC park
A federal judge dismissed most claims filed by activists and civil liberties groups who accused the Trump administration of violating the civil rights of protesters who were forcefully removed by police before then-President Donald Trump walked to a church near the White House for a photo op.