IN justices: Dram Shop Act modified, not eliminated, liability for businesses serving alcohol
The state’s Dram Shop Act modified, but did not eliminate, common law liability for entities that serve alcohol, the Indiana Supreme Court ruled Monday.
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Trump asks Supreme Court to put off election interference trial, claiming immunity
Former President Donald Trump is asking the Supreme Court to extend the delay in his election interference trial, saying he is immune from prosecution on charges he plotted to overturn his 2020 election loss.
Senate passes a $95.3 billion aid package for Ukraine and Israel, but fate in the House is uncertain
The Senate early Tuesday passed a $95.3 billion aid package for Ukraine, Israel and Taiwan, pushing ahead after months of difficult negotiations and amid growing political divisions in the Republican Party over the role of the United States abroad.
Holcomb signs first bill of 2024, rolls back wetlands protections
Indiana Gov. Eric Holcomb signed the first bill to hit his desk in the 2024 legislative session: one further eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.
Controversial elections security bill could see changes
House Bill 1264 has won praise from some who say it would improve election security. But it’s also rankled voting rights advocates — who fear it could disenfranchise some eligible voters — and deadlocked the bipartisan state clerks association.
Indiana high court weighs Rust’s challenge to appear on primary ballot in U.S. Senate race
Whether U.S. Senate hopeful John Rust can appear on Indiana’s primary ballot is now up to the state’s supreme court justices.
7th Circuit affirms sentence in wire fraud case where victim was repaid before criminal proceedings
When a man’s efforts to defraud a friend out of $310,000 were detected should take priority in his sentencing for wire fraud, regardless of the fact that he paid her back before any criminal proceedings took place, the 7th Circuit Court of Appeals has affirmed.
Summary judgment briefing partially stayed in Anderson redistricting dispute
| IL Staff
Summary judgment briefing has been partially stayed in an electoral redistricting lawsuit that alleges Anderson’s city council districts violate constitutional and statutory rights.
COA affirms, finds division of marital estate in favor of husband was not in error
A trial court correctly awarded a Delaware County man 62% of a marital estate in a divorce case, the Court of Appeals of Indiana ruled Monday in affirming the court’s determination to divide the estate in the husband’s favor.
Opinions Feb. 12, 2024
Monday opinions
Court of Appeals of Indiana
Lela Jo Boucher v. Dennis J. Doyle
23A-DN-1534
Domestic relations without children. Affirms the Delaware Circuit Court’s order dividing the marital estate in favor of Dennis Doyle. Finds Lela Jo Boucher failed to demonstrate that the trial court’s deviation from the presumptive equal split of the marital estate was clearly erroneous.
COA reverses negligent parental supervision judgment, affirms premises liability ruling in case involving alleged molestation
The parents of a Johnson County juvenile accused of child molestation owed a duty to the “foreseeable victim of a foreseeable harm” that was allegedly molested in the case, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment on a negligent parental supervision claim.
Will Biden and Trump face one another in presidential debates? There’s no commitment yet
There’s uncertainty whether President Joe Biden and former President Donald Trump will participate in debates this year ahead of the November presidential election.
Indiana has a problem: a lack of nurses. And lawmakers are trying to help.
A proposed Indiana House bill looks to continue expanding the nursing workforce by addressing foreign-educated nursing licensure requirements and on-the-ground training.
Trump faces Monday deadline to ask the Supreme Court for a delay in his election interference trial
Former President Donald Trump faces a Monday deadline for asking the Supreme Court to extend the delay in his trial on charges he plotted to overturn his 2020 election loss.
Filing deadline passes: Six gubernatorial hopefuls to appear on GOP ballots
Dozens of candidates for Indiana’s top elected offices will hit Hoosier primary ballots this spring — including a whopping eight gubernatorial hopefuls, more than 150 state-level job-seekers and more than five-dozen congressional contenders.
IN Supreme Court reverses, remands for trial court to enter judgment on implied easement of necessity claim
The Indiana Supreme Court reversed a trial court’s grant of summary judgment for a Hamilton County property owner’s easement-by-prior-use claim in a dispute with an adjacent property holder.
COA affirms delinquency adjudication for battery, resisting law enforcement
A police officer had reasonable suspicion to stop a Hendricks County juvenile who was later adjudicated a delinquent for felony battery against a public safety official and resisting law enforcement, the Court of Appeals of Indiana affirmed Friday.
Opinions Feb. 9, 2024
Court of Appeals of Indiana
James T. Morgan v. State of Indiana
23A-CR-1489
Criminal. Affirms the Montgomery Superior Court’s judgment ordering the Montgomery County Sheriff’s Department to retain the seized firearms and ammunition of James Morgan in relation to the state’s “Red Flag Law.” Finds the trial court did not err in admitting a deputy’s testimony and that the state established a probability that Morgan presented a risk of personal injury to himself or to another individual in the future.
Rokita’s legal opinion argues expungements allow for restoration of firearm rights
| IL Staff
In response to a request from the Indiana State Police’s legal counsel, Attorney General Todd Rokita has issued a legal opinion that argues an expungement restores the rights of certain individuals to purchase or possess firearms.
Man’s manic episode, behavior justify seizure of firearms, ammo, COA affirms
The Montgomery County Sheriff’s Office properly applied the state’s red flag law when it seized firearms and ammunition from a man after investigating a domestic dispute at his home, the Court of Appeals of Indiana affirmed Friday.