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Opinions Jan. 26, 2024

January 26, 2024

Court of Appeals of Indiana
David Freed v. Elizabeth Freed
23A-DC-129
Domestic relations with children. Affirms the Johnson Circuit Court’s order awarding a pre-embryo to Elizabeth Freed following her divorce from David Freed. Finds the trial court applied the appropriate test and considered the appropriate factors before awarding the pre-embryo to Elizabeth Freed.

GOP gubernatorial candidates share a friendly spotlight in Carmel

January 26, 2024 | Peter Blanchard, Indianapolis Business Journal

Save for a few moments of friction, it was cordial at the Booth Tarkington Civic Theatre in Carmel on Thursday, when the five leading Republican gubernatorial candidates shared their platforms with a conservative-friendly crowd in a friendly forum.

Former virtual school leaders face decades in prison if found guilty in alleged enrollment scam

January 26, 2024 | MJ Slaby, Chalkbeat Indiana and Amelia Pak-Harvey, Chalkbeat Indiana

The federal investigation into alleged fraud at two virtual charter schools required a complex review that included interviews of falsely enrolled students and their parents — including the family of one student who was enrolled even after the student died.

Messmer jumps into 8th Congressional District race

January 26, 2024 | Indiana Capital Chronicle

State Sen. Mark Messmer announced Thursday he is running for the Republican nomination in the 8th Congressional District.

Death penalty charges dismissed against man accused of killing Indianapolis officer

January 26, 2024 | Associated Press

A judge on Thursday granted the state’s motion to dismiss death penalty charges against a man charged with fatally shooting an Indianapolis police officer in 2020 because doctors have found him to be mentally ill.

Alabama executes man with nitrogen gas, the first time the new method has been used

January 26, 2024 | Associated Press

Alabama executed a convicted murderer with nitrogen gas Thursday, putting him to death with a first-of-its-kind method that once again placed the U.S. at the forefront of the debate over capital punishment.

Justices reverse summary judgment for doctor, clarify requirements of medical experts’ affidavits

January 25, 2024 | Alexa Shrake

A doctor must face a medical malpractice complaint after the Indiana Supreme Court overturned a summary judgment ruling. The court also clarified that a medical expert is not required to expressly state the applicable standard of care in an affidavit.

COA affirms dismissal of inmate’s complaint against prison officials after cell water was shut off

January 25, 2024 | Alexa Shrake

A defendant whose cell water was shut off for more than a week failed to prove that the two prison employees he sued knew that the water did not need to be shut off, a split Court of Appeals of Indiana has ruled.

House committee endorses bill that would dismiss low-level charges for ‘incompetent’ defendants

January 25, 2024 | Alexa Shrake

The Indiana House Committee on Courts and Criminal Code has given its support to a bill that would dismiss low-level charges if the defendant is found incompetent to stand trial.

IN justice’s allow inmate’s med-mal case against prison docs to continue

January 25, 2024 | Olivia Covington

An inmate who alleged prison officials were deliberately indifferent to his serious medical needs can proceed with his case against prison doctors after the Indiana Supreme Court reversed the grant of summary judgment to the defendants.

7th Circuit remands product liability complaint to get jurisdictional clarity on Samsung’s ties to Indiana

January 25, 2024 | Daniel Carson

There were insufficient facts to determine whether personal jurisdiction existed over Samsung SDI in a product liability lawsuit where one of the company’s batteries allegedly exploded in a minor’s pocket, the 7th Circuit Court of Appeals ruled Wednesday.

COA reverses judgment for developer in easement dispute with Bloomington business

January 25, 2024 | Olivia Covington

The Court of Appeals of Indiana has reversed judgment for a real estate developer in a dispute with a Bloomington business, finding that the developer obstructed the business’s easement during a construction project.

Opinions Jan. 25, 2024

January 25, 2024

Indiana Supreme Court
Edward Zaragoza v. Wexford of Indiana, LLC, et al.
23S-CT-99
Civil tort. Reverses the award of summary judgment to the defendants on Edward Zaragoza’s complaint alleging medical malpractice and deliberate indifference to serious medical needs. Finds genuine issues of material fact remain to be determined.

Cease-and-desist order issued against Carmel financial firm, CEO

January 25, 2024 | Susan Orr, Indianapolis Business Journal

The Indiana Secretary of State’s office has issued a cease-and-desist order against Carmel-based retirement planning firm ReJoyce Financial LLC and its CEO Alexander Joyce, alleging that Joyce used nearly $2.6 million in client funds for his personal gain.

fees

State seeks to dismiss death penalty for man accused of killing Indianapolis cop

January 25, 2024 | Associated Press

Prosecutors sought Wednesday to dismiss death penalty charges against a man charged with fatally shooting an Indianapolis police officer in 2020 because doctors have found him to be mentally ill.

Indiana man convicted in fatal 2021 shootings of a woman, her young daughter and fiancé

January 25, 2024 | Associated Press

A man accused of fatally shooting a woman, her young daughter and her fiancé in their northern Indiana home in 2021 has been convicted of all three slayings.

Maine’s top court dismisses an appeal of a judge’s decision on Trump’s ballot status

January 25, 2024 | Associated Press

Maine’s top court has declined to weigh in on whether former President Donald Trump can stay on the state’s ballot, keeping intact a judge’s decision that the U.S. Supreme Court must first rule on a similar case in Colorado.

Alabama set to execute inmate with nitrogen gas, a never before used method

January 25, 2024 | Associated Press

Alabama, unless blocked by the U.S. Supreme Court, will attempt to put an inmate to death with nitrogen gas on Thursday night, a never before used execution method that the state claims will be humane but critics call cruel and experimental.

Following Brisco, Lund confirmed to IN Northern District, filling both vacancies

January 25, 2024 | Daniel Carson

A pair of U.S. District Court for the Northern District of Indiana judicial vacancies have been filled after the U.S. Senate confirmed St. Joseph Superior Judge Cristal C. Brisco and Elkhart Superior Judge Gretchen S. Lund by wide margins.

Split COA orders new trial in deadly county fair brawl after prosecutorial misconduct

January 24, 2024 | Alexa Shrake

A man convicted of manslaughter after a brawl at a county fair will get a new trial, although one appellate judge would uphold his conviction and sentence.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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