Eviction case turns into constitutional challenge
All Darleana Johnson wanted to do was stay in her house on Solomon Avenue.
Indiana Constitution
Articles
COA: Duke Energy didn’t ‘take’ land when instructing builder to comply with utility regulations
A Bloomington landowner that had to build a smaller warehouse than anticipated due to longstanding utility regulations failed to prove that Duke Energy engaged in a taking of its property by enforcing the regulations, the Court of Appeals of Indiana has ruled.
COA calls a foul after Fighting Irish try to ‘piggyback’ on public project
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
Convictions upheld for man in Allen Co. drug robbery gone wrong
A man involved in a robbery-turned-murder will keep his related convictions despite his arguments against a traffic stop and the jury instructions in his case, the Court of Appeals of Indiana has ruled.
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.
Deja vu as Bloomington battles a state law preventing annexation
After its second attempt to annex several neighboring areas was blocked by the Legislature, the city of Bloomington is challenging a change to another state law that prevents the municipality from the incorporating areas which are already connected to its sewer service.
Holcomb decries ‘political’ motivations in HEA 1123 litigation
Contending the Legislature is injecting politics into the litigation over House Enrolled Act 1123, Gov. Eric Holcomb is reiterating his argument to the Indiana Supreme Court that the dispute is not about public policy but rather about whether the state’s constitution allows the General Assembly to call itself into a special session.
Legislature argues HEA 1123 is lawful exercise of its constitutional powers
Characterizing the legislative branch as the “political competitor” of the executive branch, the Indiana General Assembly contends House Enrolled Act 1123 is a lawful exercise of its authority and that Gov. Eric Holcomb’s attempt to overturn the statute is based on a misreading of the state’s constitution.
COA reverses for Madison man removed from community boards by mayor
A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.
COA: Murder defendant could not call accomplice to witness stand
The Court of Appeals of Indiana has declined to overturn the conviction of a man who claimed he was denied his constitutional right to present a defense at his murder trial when the trial judge prevented him from calling his accomplice and forcing him to either testify or invoke his Fifth Amendment rights.
COA affirms denial of motion to suppress evidence due to wrong address listed on search warrant
Neither a Lagro man’s federal nor state constitutional rights were infringed upon when sheriff’s deputies searched his home despite having the wrong address listed on their search warrant.
COA partially reverses denial of suppression in father’s murder, neglect case
A man charged with the murder of his 12-year-old son won a partial reversal from the Court of Appeals of Indiana after his motion to suppress evidence against him was denied.
Judge upholds Indiana emergency law challenged by governor
A judge on Thursday upheld the increased power Indiana legislators gave themselves to intervene during public health emergencies, siding with them in a lawsuit filed by Gov. Eric Holcomb.
Amended statute of limitations helps, hurts man charged with sexual misconduct with a minor
A man charged with multiple counts of sexual misconduct with a minor has successfully appealed for the dismissal of some of those charges — but only as it relates to alleged offenses that fell outside a statute of limitations period that was changed before the charges were filed.
Trial court violated South Bend man’s constitutional rights by excluding him from trial, COA rules
The St. Joseph Superior Court violated the constitutional rights of a South Bend man when it excluded him from his jury trial after failing multiple pretrial drug tests, the Indiana Court of Appeals has ruled.
Slaughter, Fisher discuss states’ roles in constitutional law
To mark Constitution Day, Indiana University Maurer School of Law’s Federalist Society hosted two prominent figures of the state’s legal community this week to discuss the states’ involvement in the development of American constitutional law.
Judge weighing Indiana governor’s suit over emergency law
Indiana’s constitution gives the Legislature full authority to meet whenever it wants, a top state lawyer argued Friday in a bid to squash Gov. Eric Holcomb’s lawsuit challenging the increased power state legislators gave themselves to intervene during public health emergencies.
Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim
A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.
Rokita seeks appeal of order allowing governor’s lawsuit against General Assembly to proceed
Indiana Attorney General Todd Rokita has filed an appeal just days after a Marion County judge denied his request to do away with a complaint filed by Gov. Eric Holcomb against the Indiana General Assembly.
Attorneys for Rokita, Holcomb face off in court over governor’s right to sue
Indiana Attorney General Todd Rokita’s office got its day in court Wednesday to argue why it thinks Gov. Eric Holcomb shouldn’t have been allowed to hire his own attorneys to sue the Indiana General Assembly.