7th Circuit upholds competency finding in ‘zig-zag’ weapons case
The 7th Circuit Court of Appeals has upheld a finding that a defendant facing a weapons charge was competent to stand trial despite defense counsel’s insistence to the contrary.
Court opinions
Articles
IN Supreme Court: ‘Patient’ under med-mal act includes third-party plaintiffs
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
Tax Court denies exemption to owners of lakefront property partially controlled by feds
A lakefront property owner who claimed the government’s partial use of her land entitled her to a property tax exemption failed in her bid for relief at the Indiana Tax Court.
Supreme Court leaves CDC eviction moratorium in place
The Supreme Court is leaving a pandemic-inspired nationwide ban on evictions in place, over the votes of four objecting conservative justices.
Supreme Court says no right to hearing for some immigrants
The Supreme Court ruled Tuesday that the government can indefinitely detain certain immigrants who say they will face persecution or torture if they are deported to their native countries.
Supreme Court won’t sidetrack plans for natural gas pipeline
The Supreme Court sided Tuesday with a pipeline company in a dispute with New Jersey over land the company needs for a natural gas pipeline.
Opinions June 29, 2021
Indiana Supreme Court
Russell G. Berg v. Stacey L. Berg
21S-DC-320
Domestic relations with children. Affirms the award of half of Russell Berg’s stock to his ex-wife Stacey Berg. Finds that documents produced in anticipation of mediation fall under the confidentiality requirement of settlement negotiations. Also finds that the Allen Circuit Court erroneously admitted a marital balance sheet prepared for mediation to allow Stacey to avoid the parties’ settlement agreement. Finally, finds the trial court incorrectly determined that fraud, constructive fraud, mutual mistake or representation had occurred, but did not abuse its discretion in finding that Russell breached the warranty clause of the agreement.
Despite erroneous admission of mediation evidence, high court affirms stock award for ex-wife
Despite the erroneous admission of confidential evidence prepared in anticipation of a divorce mediation, the Indiana Supreme Court has upheld the award of half of a man’s stock to his now-ex-wife due to his breach of the divorce agreement. The high court ruled in the case that documents produced in anticipation of mediation are covered under settlement negotiation confidentiality requirements.
Supreme Court won’t revive school’s transgender bathroom ban
The U.S. Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban, handing a victory to transgender rights groups and a former high school student who fought in court for six years to overturn the ban.
Supreme Court revives St. Louis police in-custody death case
The Supreme Court on Monday revived claims of excessive force against St. Louis police officers in a case in which a homeless man died after being restrained in handcuffs and leg shackles.
High court rejects New Hampshire-Massachusetts tax dispute
The Supreme Court on Monday refused to allow New Hampshire to sue neighboring Massachusetts over an income tax dispute involving people who have been working from home during the coronavirus pandemic.
Justices deny Wyoming, Montana coal suit against Washington
The U.S. Supreme Court decided Monday that it won’t allow Wyoming and Montana to sue Washington state for denying a key permit to build a coal export dock that would have sent coal to Asia.
Judge dismisses gov’t antitrust lawsuits against Facebook
A federal judge on Monday dismissed antitrust lawsuits brought against Facebook by the Federal Trade Commission and a coalition of state attorneys general, a significant blow to attempts by regulators to rein in tech giants.
Opinions June 28, 2021
Indiana Court of Appeals
Krause-Franzen Farms, Inc., David P. Krause, Jane E. Krause, and Philip C. Krause v. Tippecanoe School Corporation
21A-PL-115
Civil plenary. Affirms the Tippecanoe Superior Court’s order in favor of Tippecanoe School Corporation on its condemnation action and overruling Krause-Franzen Farms Inc., David P. Krause, Jane E. Krause and Philip C. Krause’s objection. Finds TSC is not appropriating property because it might wish to use the property in the future. Also finds the evidence does not point solely to a conclusion that TSC has exceeded its authority.
Buyer prevails in tax sale dispute with mortgage holders
A financial group has secured a reversal in its favor from the Indiana Court of Appeals after its originally successful bid at a tax sale went south.
COA rules for Tippecanoe School Corp. in expansion dispute with local landowners
A Tippecanoe County school corporation received a favorable ruling from the Indiana Court of Appeals on Monday in its bid to turn local farmland into a new middle school.
Appellate court remands for mother in grandparent visitation dispute
The Indiana Court of Appeals has agreed with a Hamilton County mother who argued that grandparent visitation granted to her late husband’s parents was not supported by adequate findings.
COA allows defendant to take deposition of alleged child sex abuse victim
Following a recent decision that struck down a law limiting when defendants can take the deposition of an alleged child sex abuse victim, the Indiana Court of Appeals has once again allowed a defendant accused of child sex crimes to take the deposition of his accuser.
Indiana court rules prison can take cash from inmate account
The Indiana Court of Appeals has ruled against an inmate who sued after money was withdrawn from his prison account to pay for the medical bills of a correctional officer he injured 30 years ago.
Supreme Court sides with Alaska Natives in COVID-19 aid case
The Supreme Court ruled Friday that hundreds of millions of dollars in coronavirus relief money tied up in court should benefit Alaska Natives rather than be spread more broadly among Native American tribes around the U.S.