Church not protected from negligence claim because accident occurred in non-worship area, court rules
The Indiana Court of Appeals ruled that certain liability protections apply only to church property “used primarily for worship services.”
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Opinions April 15, 2024
Indiana Court of Appeals
Calvary Temple Church of Evansville, Inc v. Gerard A. Kirsch
23A-CT-1728
Civil tort. Affirms the Vanderburgh Superior Court’s denial of the Calvary Temple Church’s motion for summary judgment on Gerard Kirsch’s complaint alleging Calvary’s negligence. Finds that under Indiana Code section 34-31-7-2, “premises . . . used primarily for worship services” means only those portions of the premises that are used primarily for worship services. Also finds that Calvary did not designate evidence that the shed where Kirsch was injured was used primarily for worship services. Finally, finds Calvary’s summary judgment motion turns solely on an interpretation of the statute that the appellate court rejects.
How the SK Hynix project came together—and another fell apart
The South Korean company’s announcement made waves across Indiana, but so did a decision by Minnesota-based SkyWater Technology to cancel its project at Purdue after not receiving hoped-for federal funding.
Spartz, Goodrich, 7 others battle in crowded 5th District primary
Rep. Victoria Spartz’s late decision to run for reelection in Indiana’s 5th Congressional District—an about-face from months earlier—shook up a crowded primary that has become a rarity in American politics, with nine Republicans facing off.
Can homeless people be fined for sleeping outside? A rural Oregon city asks the US Supreme Court
In the small, Oregon mountain town of Grants Pass, a fierce fight over park space has become a battleground for a much larger, national debate on homelessness that has reached the U.S. Supreme Court.
The IRS is quicker to answer the phone on this Tax Day
On this Tax Day, the IRS is promoting the customer service improvements the agency rolled out since receiving tens of billions in new funding dollars through Democrats’ Inflation Reduction Act.
FBI opens criminal investigation into Baltimore bridge collapse, AP source says
The FBI is conducting a criminal investigation into the deadly collapse of Baltimore’s Francis Scott Key Bridge that is focused on the circumstances leading up to it and whether all federal laws were followed, according to a person familiar with the matter.
Trump arrives at court for the start of jury selection in his historic hush money trial
Donald Trump arrived Monday at a New York court for the start of jury selection in his hush money trial, marking a singular moment in U.S. history.
AG Rokita says terminated pregnancy reports are public records
Indiana Attorney General Todd Rokita took issue Thursday with state health officials’ recent decision not to release individual terminated pregnancy reports and issued an advisory opinion declaring them public record.
Democratic lawmaker seeks changes to Marion County judiciary after sentence in IMPD officer’s death
State Rep. Mitch Gore, who is a captain at the Marion County Sheriff’s Office, said he would explore “all legislative remedies” to address what he said is a sentence that is too lenient. A Republican committee chair said he’s open to legislative proposals that come out of the case.
Opinions April 12, 2024
7th Circuit Court of Appeals
United States of America v. Bradley Olson and Shirley Olson, doing business as Affordable Sewer Service
23-1864
Civil. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Reverses the district court’s denial of an injunction compelling Bradley and Shirley Olson to deposit withholding taxes into a bank using an approved payroll service and requiring the Olsons to pay their taxes ahead of private creditors, permit the Internal Revenue Service to inspect their books and records, and notify the IRS if they start another business. Finds the Department of Treasury’s injury from a continuation of the Olsons’ conduct is irreparable. Remands for entry of the proposed injunction.
Man sentenced to 63 years for 2020 shooting death at Indy intersection
| IL Staff
Keith Cole has been sentenced to 63 years in prison for the murder of an Indianapolis man at a near-northside intersection in October 2020, according to the Marion County Prosecutor’s Office.
Indiana’s tech sector saw boost in venture investing activity in 1Q, report says
Indiana’s tech companies landed a combined $348.8 million in venture funding last quarter, which was the strongest first-quarter activity since recordkeeping began in 2015, TechPoint says.
Doden gubernatorial proposal aims to freeze property taxes for seniors
A new gubernatorial proposal from hopeful Eric Doden takes aim at property taxes for senior Hoosiers, as unveiled in his most recent ad released on Thursday.
Justice Department finalizes rules to close ‘gun show loophole’
In a move that officials touted as the most significant increase in American gun regulation in decades, the Justice Department has finalized rules to close a loophole that allowed people to sell firearms online, at gun shows and at other informal venues without conducting background checks on those who purchase them.
Man is fatally shot after he points a gun at Indiana sheriff’s deputies, police say
A 54-year-old man has been fatally shot in southwestern Indiana after state police say he pointed a gun at two sheriff’s deputies.
Psych exams ordered for mother of boy found dead in suitcase in southern Indiana
A judge on Wednesday ordered a psychologist and a psychiatrist to examine the mother of a 5-year-old Atlanta boy whose body was found in a suitcase in Indiana in 2022.
20 years later, Abu Ghraib detainees get their day in US court
Three survivors of Abu Ghraib will finally get their day in U.S. court against the military contractor they hold responsible for their mistreatment.
Biden administration announces another round of loan cancellation under new repayment plan
The Biden administration is canceling student loans for another 206,000 borrowers as part of a new repayment plan that offers a faster route to forgiveness.
Opinions April 11, 2024
Indiana Supreme Court
Sabrina L. Dunn v. State of Indiana
24S-CR-123
Criminal. Vacates Sabrina Dunn’s murder conviction in Orange Circuit Court. Finds the trial court’s final instruction use of “and/or” was ambiguous and misleading. Also finds that, considering the instructions as a whole and the unusual facts of the trial, the high court concludes that the language describing the state’s burden of proof on Dunn’s defenses was so misleading as to produce fundamental error. Finally, finds the ambiguous, repeated, and uncured use of “and/or” to instruct the jury on the state’s burden of proof impaired the sole defense strategy Dunn pursued throughout the trial and there is a serious risk she was wrongly convicted without the state disproving beyond a reasonable doubt that she acted in defense of her dwelling. Remands to the trial court for further proceedings.