Prof’s abortion-related defamation lawsuit against Notre Dame student publication dismissed
A Notre Dame University professor’s defamation lawsuit against a student newspaper related to her abortions-rights advocacy was dismissed Monday.
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Opinions Jan. 10, 2024
Court of Appeals of Indiana
Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.
Denial of motion to replace counsel on morning of sentencing was not error, COA affirms
A man’s displeasure with his appointed counsel in a manslaughter case did not require a trial court to replace the public defender the morning of a sentencing hearing, the Court of Appeals of Indiana affirmed Wednesday.
Indiana federal judge nominees being renominated by Biden administration
Indiana’s judicial nominees to 7th Circuit Court of Appeals and the U.S. District Court for the Northern District of Indiana are being formally renominated by the Biden administration after Senate Republicans returned their names to the White House on Dec. 20.
Holcomb makes workforce push in final State of the State address
In his eighth and final State of the State address Tuesday, Gov. Eric Holcomb called for commitments to improving third-grade reading levels, expanding the child care workforce and building greater awareness of the state’s jobs programs.
With Trump present in court, judges express skepticism of claims he’s immune from prosecution
With Donald Trump listening intently in the courtroom, federal appeals court judges in Washington expressed skepticism Tuesday that the former president is immune from prosecution on charges that he plotted to overturn the results of the 2020 election.
Lawyers may face discipline for criticizing judge’s ruling in discrimination case
A father-daughter pair of lawyers in Florida may face disciplinary action for speaking out against a judge’s ruling that overturned a jury decision awarding $2.7 million to a Black doctor who alleged he was subjected to racial discrimination.
Opinions Jan. 9, 2024
Indiana Supreme Court
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
23S-CT-182
Civil tort. Affirms the St. Joseph Superior Court’s summary judgment order for Spear Corporation and Panzica Building Corporation. Reverses summary judgment for Beacon Health and Fitness. Finds Beacon was not entitled to summary judgment on any count, except as to the count regarding the single issue of the level of the water. Also finds some evidence that the risk of harm was foreseeable regarding the injury suffered by Jennifer Pennington, who collided with the corner of a swimming pool wall. Finally, finds the plaintiffs designated no admissible evidence that Spear or Panzica breached their professional duty of care. Remands for trial on all the claims against Beacon.
Split COA affirms denial of PCR to woman with intellectual disabilities convicted of child molesting
A woman with intellectual disabilities whose sentence for child molesting was already cut in half failed in her bid to convince the Court of Appeals of Indiana that she was entitled to post-conviction relief.
Marijuana, meth convictions reversed for insufficient evidence, double jeopardy
The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.
Merrillville municipal judge loses summary judgment appeal in litigation over court’s closure
In the continued litigation over whether and when the Merrillville Town Court should be shut down, the court’s judge has lost his appeal of a summary judgment ruling in favor of the town council’s passage of an ordinance on the court’s eventual closure.
IN Supreme Court rejects summary judgment for owner of fitness facility where swimmer suffered head injury
The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.
Rep. Greg Pence will not seek fourth term in U.S. House
U.S. Rep. Greg Pence, R-Columbus, will not run for reelection this year, he announced Tuesday.
Section of downtown Indy’s Jail II building slated for demolition in revision of $120M redevelopment plan
The developer that plans to revamp a pair of former correctional facilities on Indianapolis’ near-east side for housing, retail and entertainment uses has modified its vision for the project due to structural issues with one of the buildings.
Portage man serving 20-year sentence dies at federal prison in Michigan
An Indiana man serving a 20-year sentence for producing child abuse images died at a federal prison in Michigan, authorities said Tuesday.
House Republicans to push retiree 13th check, antisemitism bills; Democrats call for IEDC transparency, ballot initiatives and more
Indiana’s House Republicans will prioritize boosting retirement benefits for public employees and banning antisemitism in public educational institutions, alongside bills on job training and administrative law. Democrats, meanwhile, focused on accountability.
Indiana Gov. Eric Holcomb to deliver 2024 State of the State address
Indiana Gov. Eric Holcomb will deliver the 2024 State of the State address — the final of his term — Tuesday night in front of a joint session of the General Assembly.
Judge in Trump’s DC election case is targeted by fake emergency call in latest high-profile swatting
A home owned by the judge overseeing the federal election subversion case against former president Donald Trump was targeted by a fake emergency call Sunday night, the latest in a spate of similar false swatting reports at the homes of public officials.
Rule amendment: 5 municipal courts abolished in 2023, 1 reestablished in 2024
| IL Staff
Five municipal courts were abolished in 2023 and one was reestablished in 2024, according to a Thursday order from the Indiana Supreme Court.
COA to hear false impersonation case at Terre Haute high school
| IL Staff
The Court of Appeals of Indiana will be traveling west this week to hear oral arguments in case in which a man falsely impersonated a detective.