Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Court opinions
Articles
Justices to rule in gun case with US raw from mass shootings
With mass shootings in Texas, New York and California fresh in Americans’ mind, the U.S. Supreme Court will soon issue its biggest gun ruling in more than a decade, one expected to make it easier to carry guns in public in some of the nation’s largest cities.
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.
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Biden administration opposes airlines in lawsuit over crew breaks
The Biden administration has sided against the airline industry and urged the U.S. Supreme Court on Wednesday to uphold a California law that would provide more rest and meal breaks than airline crews are guaranteed under federal rules.
Man charged with 41 felonies loses bond reduction appeal
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Abortion restrictions likely coming to Indiana if draft opinion is published
Since the leak earlier this month of a draft opinion indicating Roe v. Wade and Planned Parenthood v. Casey will be overturned, U.S. Senate Democrats have failed to codify the right to an abortion. Meanwhile, Republican-led states including Indiana have indicated they are prepared to tighten restrictions once the opinion is published this summer.
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
Indiana Court Decisions – May 5-18, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Opinions May 24, 2022
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Lamone Lauderdale-El v. Indiana Parole Board
21-1242
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the dismissal without prejudice of Lamone Lauderdale-El’s habeas corpus petition for failure to exhaust state remedies. Finds the dismissal was a final, appealable judgment. Overrules the contrary jurisdictional holdings of Gacho v. Butler, 792 F.3d 732 (7th Cir. 2015), and Moore v. Mote, 368 F.3d 754 (7th Cir. 2004). Also finds the appeal is not moot. Finally, finds Lauderdale-El could have pursued his good-time credit restoration claim in state court.
Opinions — May 20, 2022
Court of Appeals of Indiana
The City of Bloomington, Indiana, et al. v. Andrew Guenther, et al.
21A-MI-2600
Miscellaneous. Reverses the Monroe Circuit Court’s determination that Andrew Guenther was entitled to the vacant citizen member seat on the City of Bloomington’s Plan Commission and its order for Christopher Cockerham to vacate the seat. Finds the trial court’s decision was clearly erroneous. Also finds Cockerham was validly appointed to the commission and may continue his service.
BBQ joint challenging COVID face-covering requirement loses mootness appeal
A Bluffton barbecue joint seeking to set aside a health department order requiring the restaurant’s employees to comply with a face-covering requirement during the height of COVID did not convince the Court of Appeals of Indiana that its case wasn’t moot.
Despite sticker shock, COA affirms $150K bail for teen charged in deadly crash
Noting several times its limited role in reviewing the denial of a request to reduce bail, the Court of Appeals of Indiana has affirmed a trial court’s ruling that set bail at $150,000 for an Elkhart County teenager charged in a deadly auto accident.
7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’
A northern Indiana woman who applied for Social Security disability benefits shortly after from graduating high school did not convince the 7th Circuit Court of Appeals that an administrative law judge erred in denying her claim.
Opinions May 18, 2022
Court of Appeals of Indiana
Charles Grays v. State of Indiana (mem. dec.)
21A-CR-2471
Criminal. Affirms Charles Grays’ convictions of Level 2 felony dealing in cocaine, Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor resisting law enforcement and Class A misdemeanor operating while suspended, and his sentence of 33 years, with 25 years executed and eight years suspended to probation. Finds the Elkhart Circuit Court didn’t err when it denied Grays’ motions to suppress evidence, or in instructing the jury. Also finds his sentence isn’t inappropriate.
Marion County inmate discharged after reversal of misdemeanor conviction for jailhouse incident
A Marion County inmate has been discharged after an appellate panel concluded he was wrongly convicted of Class A misdemeanor battery against the facility’s mail clerk.
Reversal: Divorce court violated parents’ 1st Amendment rights via ‘non-disparagement clause’
A non-disparagement clause drafted into a couple’s divorce order to prevent the parents from talking badly about each other even outside of the presence of their child was an unconstitutional prior restraint on speech, the Court of Appeals of Indiana ruled in a partial reversal.
COA: Out-of-state sex offender registration requirement does not violate Indiana Constitution
The Court of Appeals of Indiana has upheld a finding that the retroactive application of the state’s sex offender registration requirements does not violate the Indiana Constitution’s ex post facto clause.
On second thought, Carroll Circuit judge erases rant from original order
The Carroll County judge who claimed insurance companies have broken Indiana’s civil litigation system and begged the parties to appeal his ruling to the Indiana Supreme Court has scrubbed his original order of all but two paragraphs that state summary judgment is granted in favor of the defendants.