Messmer jumps into 8th Congressional District race
State Sen. Mark Messmer announced Thursday he is running for the Republican nomination in the 8th Congressional District.
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Death penalty charges dismissed against man accused of killing Indianapolis officer
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
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
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
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
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
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
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
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
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
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.
State seeks to dismiss death penalty for man accused of killing Indianapolis cop
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
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
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
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
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
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.
Indiana voter registration, turnout continue to lag as 2024 primary, general elections near
There are a lot of areas where Hoosiers could make strides in improving the state’s civic health, but Indiana’s voter registration numbers continue to be the most significant problem.
Opinions Jan. 24, 2024
Court of Appeals of Indiana
Imogene Perry v. Anne H. Poindexter, Personal Representative of the Supervised Estate of Richard Abbott, Janice Mandla Mattingly, Michael P. Brown and Phillip Brown
22A-EU-2774
Estate. Reverses the Hamilton Superior Court’s denial of Imogene Perry’s motion for relief from default judgment. Finds the trial court erred when it denied Perry’s motion for relief from judgment because she did not receive notice of the estate’s motion for return of funds and/or the related hearing in a way calculated to provide her a meaningful opportunity to appear and defend herself. Remands to the trial court to hold a hearing on all pending motions in the matter including but not limited to the motion for return of funds and any motions with respect to fees Perry and/or the estate paid to Janice Mandla Mattingly and/or Lauth Investigations International Inc.
Insufficient notice leads COA to rule for Georgia woman seeking relief from $36K judgment in estate case
Regardless of the intent behind a notice that was served four days before a hearing — and one day before Christmas — the notice was not sufficient for an elderly Georgia resident to hire an attorney and travel to Indiana for a hearing on a disputed estate.