Indiana Court Decisions – May 20-June 2, 2021
Read Indiana appellate court decisions from the most recent reporting period.
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Pendleton inmate represents himself in lengthy court battle
An inmate at the Pendleton Correctional Facility represented himself against a former guard for use of excessive force in a legal battle that lasted for nearly six years before culminating in March in an in-person bench trial and an award of $35,000.
COA: Bailment applies in business arrangement gone bad
Despite the pro se defendant claiming he had never heard the word “bailment,” the Indiana Court of Appeals found he became the bailee when he threatened to shoot his friend and pseudo-tenant in a dispute that started with the purchase of a brand new motorcycle.
COA rules pharmacy board’s reach does not extend to expired licenses
Foreseeing the potential for corrupt pharmacists to avoid discipline by letting their licenses expire, the Indiana Board of Pharmacy argued it had the authority to revoke expired licenses, but the Indiana Court of Appeals ruled the board does not have the power under state statute to pull a lapsed license.
US fights ruling to extend SSI benefits to Puerto Rico
The federal government filed a brief late Monday to the U.S. Supreme Court arguing Congress has the authority to withhold Supplemental Security Income benefits from U.S. citizens depending on where they live even as President Joe Biden promised to extend those benefits to Puerto Rico.
Supreme Court rules against immigrants with temporary status
A unanimous Supreme Court ruled Monday that thousands of people living in the U.S. for humanitarian reasons are ineligible to apply to become permanent residents.
Supreme Court agrees to hear 2nd ‘state secrets’ case
The Supreme Court agreed on Monday to decide whether a lawsuit can go forward in which a group of Muslim residents of California allege the FBI targeted them for surveillance because of their religion.
High court won’t review men-only draft registration law
The Supreme Court said Monday that for now it’ll be up to Congress, not the court, to decide whether to change the requirement that only men must register for the draft. It’s one of the few areas of federal law where men and women are still treated differently.
Judicial appointments made to Marshall, Wayne County courts
Two prosecutors have been tapped by Gov. Eric Holcomb to fill a pair of judicial vacancies including one to the brand-new court in Marshall County.
Twin Aire waits to see what Community Justice Campus will bring
Indianapolis broke ground on its nearly $600 million law enforcement and judiciary hub nearly three years ago. Now, seven months before the bulk of the Community Justice Campus opens in the Twin Aire neighborhood southeast of downtown, residents are waiting to see if the promise of accompanying redevelopment comes to pass.
High court asked to review men-only draft registration law
The Supreme Court is being asked to decide whether it’s sex discrimination for the government to require only men to register for the draft when they turn 18.
Supreme Court limits prosecutors’ use of anti-hacking law
The Supreme Court on Thursday limited prosecutors’ ability to use an anti-hacking law to charge people with computer crimes.
Indiana man appears in US court involving Portland protests
An Indiana man accused of throwing an explosive toward police and smashing windows during protests in Portland, Oregon, appeared in federal court this week and was detained pending further proceedings.
California to pay $2M church legal fees over virus closures
The state of California has agreed not to impose greater coronavirus restrictions on church gatherings than it does on retail establishments in a pair of settlements that provide more than $2 million in fees to lawyers who challenged the rules as a violation of religious freedom.
Counterclaim in Hendricks County CAFO fight tossed by trial court
With a simple “no,” the Hendricks Superior Court uprooted a pair of counterclaims that sprouted from nearly six years of litigation between long-time neighbors over a concentrated animal feeding operation that called into question the constitutionality of Indiana’s Right to Farm Act and asked the U.S. Supreme Court for a review.
AG argues governor not allowed to override Legislature’s veto
Indiana Attorney General Todd Rokita is doubling down on his argument that the governor cannot turn to the courts to settle the dispute over House Enrolled Act 1123, asserting the executive branch is attempting to use the judiciary to demand a “super” veto of the Legislature.
7th Circuit affirms dismissal of killer’s habeas petition
The 7th Circuit Court of Appeals on Tuesday affirmed the dismissal of a convicted killer’s habeas petition alleging ineffective assistance of counsel, agreeing that his attorney’s alleged errors did not prejudice him.
COA upholds admission of evidence from challenged pat-down search
A police officer was justified in conducting a search of Christian Jamar Triblet after seeing a bulge on the right side of his pants that was larger than a mobile phone, the Indiana Court of Appeals ruled Tuesday, affirming a lower court ruling denying Triblet’s motion to suppress evidence.
Southern District to lift mask, social distancing mandates for fully vaccinated individuals
Individuals who are fully vaccinated will no longer be required to wear a mask inside public spaces at Indiana’s Southern District courthouses beginning next month, Chief Judge Tanya Walton Pratt announced in a Tuesday order.
Suspect in court after fire destroys re-created Clark cabin
A Clark County man appeared in court Monday to face a charge he set a fire that destroyed a cabin built as a re-creation of the home where Revolutionary War figure George Rogers Clark spent his retirement years in southern Indiana.