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Spouses can recover damages for negligent infliction of emotional distress claims even when there is no physical injury or direct impact, but unmarried or engaged couples cannot, the Indiana Supreme Court said today.The state ;s high court also held in its opinion that such a claim requires the plaintiff to have learned of the incident by having either witnessed the injury or the immediate gruesome aftermath.Its unanimous opinion with a separate concurring opinion from two justices is the answer to a…

A separate concurring opinion by a Court of Appeals judge describes what he calls “a fundamental shift in Indiana’s constitutional jurisprudence.”Judge James S. Kirsch made his statements in the unanimous, 3-0 opinion today in Latoya A. Blackman v. State of Indiana, No. 49A02-0610-CR-893, which involves a woman convicted of disorderly conduct in 2005 for yelling, swearing, and non-compliant behavior toward police officers during a vehicle narcotics search of the car in which she was riding.The court ruled that Blackman’s arrest for…

The legal challenge to a new school uniform policy in Anderson could be slowly slipping away, as a federal judge in Indianapolis is looking to dismiss the case after the pro se parent plaintiffs “utterly failed” to respond to discovery requests and haven’t shown any likelihood of prevailing in court.U.S. District Judge John D. Tinder on Friday vacated an injunction hearing and trial set for this morning because of the plaintiffs’ lack of response. He has issued orders barring testimony and…

A divided Indiana Supreme Court issued a ruling on a prison discipline suit Tuesday, with one of the dissenting justices writing that the majority decision removes judicial review and violates both federal and state constitutions.In Aaron Israel v. Indiana Department of Correction, 46S03-0706-CV-253, justices came down 3-2 on dismissing a case for lack of subject matter jurisdiction. Authoring Justice Frank Sullivan was joined by Chief Justice Randall T. Shepard and Justice Robert Rucker. Dissenting justices were Ted Boehm and Brent Dickson.”The…

Various offenses committed at different times and in different counties do not constitute a single episode of criminal conduct for sentencing purposes, the Indiana Supreme Court has reinforced this week.That logic, however, doesn’t extend to convictions, as the state’s highest court has affirmed a lower appellate finding that multiple instances of police officer impersonation are considered “the same occurrence,” and subsequent convictions in different counties violate Indiana’s double jeopardy statute.Justices granted transfer Wednesday in Derek Scott Geiger v. State of Indiana,…

In a long-awaited ruling from the 7th Circuit Court of Appeals today, the former Indiana speaker of the House of Representatives came out the winner in a suit challenging prayers in the General Assembly sessions.While former Speaker Brian Bosma has won this appellate round, a  2-1 panel of judges didn’t touch the controversial merits of the case, and the case could still go to the United States Supreme Court.The federal appellate court ruled today that plaintiffs who filed a suit against…

Preserving history at the federal courthouse in Indianapolis often comes with vow that it will happen rain or shine.Court officials kept their promise Tuesday, despite fast-moving thunderstorms that slammed the city with lashing rain, hail, and fierce winds, and they battled the wet weather and darkened sky to place a time capsule outside the U.S. District Court, Southern District in Indianapolis. Dozens gathered for the 4 p.m. ceremony, crowding inside the courthouse ;s front hallway as the storms unleashed lashing rain…

During second interviews for an opening on the Indiana Court of Appeals, six semi-finalists will discuss their ideas for making the appellate court more efficient. The seven-member Judicial Nominating Commission will begin second interviews Friday for the seat, which opens in August when Judge Patrick D. Sullivan retires. These six semi-finalists were chosen from an initial 20 applicants.   After these interviews, the commission will select three names to send to Gov. Mitch Daniels, who must then appoint a successor within…

The Indiana Supreme Court won’t get involved in a recount challenge to the recent Terre Haute mayoral election.Justices denied an emergency transfer late Friday requested by Terre Haute attorney James Bopp Jr., who filed the transfer request Thursday. Bopp represents Republican Duke Bennett, who won the Nov. 6 election by 107 votes. That tally would oust Democratic Mayor Kevin Burke. Bopp argued Vigo Circuit Judge David Bolk didn’t have jurisdiction because Burke had failed to properly identify Bennett in his recount…

News came late Tuesday night that U.S. District Judge John D. Tinder has been promoted to the 7th Circuit Court of Appeals.His first order of business today: resuming a criminal jury trial that’s been under way this week in his Southern District of Indiana courtroom in Indianapolis. That priority made him unavailable early today to talk about the confirmation, but his courthouse colleagues made sure everyone knew the significance of the news.”True to form, Judge Tinder was on the bench handling…

Indiana’s highest jurists today questioned attorneys about whether any arresting authority exists for those who didn’t take an official oath for the recently created Indianapolis Metropolitan Police Department.Justices’ pointed questions go to the heart of State v. Cheryl Oddi-Smith, 49A05-0708-CR-445, a drunk driving case that Marion Superior Judge Rueben Hill ruled on in early August, throwing out a woman’s arrest because of the oath-taking issue. The Indiana Attorney General’s office filed a petition in August to appeal the case directly to…

The federal constitutional right to self-representation requires a defendant who is competent to stand trial be allowed to proceed pro se, the Indiana Supreme Court has ruled. Justices granted transfer and issued a unanimous decision Thursday afternoon in Ahmad Edwards v. State of Indiana, No. 59S02-0705-CR-202. Justice Theodore Boehm wrote the 10-page opinion summarily affirming the Indiana Court of Appeals’ rationale in a September decision that reversed the convictions for attempted murder and battery with a deadly weapon and now means…

The Commission on Courts – the legislative interim study committee that considers issues instrumental in court operations – gathered Tuesday to hear about technological initiatives under way in the state courts and expanding the jurisdiction of courts issuing driver’s licenses because of hardship.Mary DePrez, director and counsel of trial court technology for the Supreme Court’s Judicial Technology and Automation Committee, told the commission about new initiatives launched recently on a protective order registry and e-traffic citations, all of which will eventually…

An Indianapolis fast-food restaurant didn’t owe a patron the duty of protecting him from attack just because it had placed a table on the sidewalk outside, the Indiana Court of Appeals ruled today.A three-judge panel issued a decision David Schlotman v. Taza Café, d/b/a Gyro Joint , 49A05-0608-CV-475. The judges heard arguments in the Marion County case May 22.This case addressed whether the carryout restaurant Gyro Joint had a common-law duty to protect patron Scholtman, who was harassed and hit in…