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Opinions Oct. 23, 2023
Court of Appeals of Indiana
Richard Dolsen Jr. v. VeoRide Inc.
23A-CT-945
Civil tort. Reverses the Allen Superior Court’s entry of summary judgment in VeoRide’s favor. Finds that genuine issues of material fact exist regarding whether VeoRide’s failure to warn Richard Dolsen of the condition and the risk involved was a breach of duty and a failure to exercise reasonable care under the circumstances pursuant to Restatement Section 342(b). Remands for further proceedings.
Questions over company’s duty to warn firefighter leads to COA reversal of summary judgment
There were genuine issues of material fact concerning a Fort Wayne firefighter’s complaint against an electric scooter company for failing to warn him about a gap in a wall, the Court of Appeals of Indiana ruled Monday.
COA affirms man’s murder, attempted murder convictions, finds no reversible error committed in admitting exhibits over hearsay objections
Text messages and rap lyrics introduced over a man’s hearsay objections were admissible and there was sufficient evidence for his murder and attempted murder convictions and 143-year aggregate sentence, the Court of Appeals of Indiana ruled Monday.
State wins restraining order against Fishers attorney for alleged Ponzi scheme
A Hamilton County judge has granted the state’s motion for an emergency temporary restraining order against a Fishers attorney who allegedly defrauded people in a Ponzi scheme related to securities.
NAWJ conference brings judges, law students to Indianapolis
There were about 200 attendees, including dozens of international judges, at the 2023 National Association of Women Judges annual conference in Indianapolis earlier this month.
This procedure is banned in the US. Why is it a hot topic in fight over Ohio’s abortion amendment?
With Election Day closing in, anti-abortion groups seeking to build opposition to a reproductive rights measure in Ohio are messaging heavily around a term for an abortion procedure that was once used later in pregnancy but isn’t legal in the U.S.
Search for suspect in fatal shooting of Maryland judge continues for a fourth day
A manhunt for a suspect in the fatal shooting of a Maryland judge continued for a fourth day Sunday as authorities completed their search of an area where the suspect’s SUV was found.
Replacing income tax with sales tax hike would cost poor Hoosiers more, experts say
Axing Indiana’s individual income tax and replacing just half the revenue with a sales tax hike would cost the state’s poorest residents an additional $62 and hand the top 1% of earners a $30,000 tax cut, a think tank told state lawmakers Friday.
Feds select Indiana to be biotech hub, making it eligible for millions in funding
Indiana has been chosen for one of 31 technology hubs across the United States that will support growth in industries considered vital to economic development and national security.
Judge denies motion to dismiss complaint brought by employee whose wife’s insurance was canceled just before cancer surgery
A man’s complaint against his employer after insurance coverage for his child and wife, who has breast cancer, was canceled can proceed with his claim after a federal judge denied the company’s motion to dismiss.
Marion Superior Judge Welch to retire in February; applications open to fill vacancy
| IL Staff
The Marion County Judicial Selection Committee is accepting applications for an upcoming court vacancy, which will open when Judge Heather A. Welch retires in February.
Justices order new sentencing hearing for man hospitalized on sentencing date
A man whose child molesting sentence was handed down while he was in the hospital did not waive his right to be present at sentencing, the Indiana Supreme Court ruled Thursday in vacating the sentence and ordering a new hearing.
Slain Maryland judge presided over divorce case of man identified as suspect in his killing
Police are searching for a man suspected of fatally shooting a Maryland judge who had awarded custody of the suspect’s children to his wife on the day of the killing, authorities said Friday.
House Republicans drop Jim Jordan as nominee for speaker, falling back to square one
Republicans dropped Rep. Jim Jordan on Friday as their nominee for House speaker, making the decision during a closed-door session after the hard-edged ally of Donald Trump failed badly on a third ballot for the gavel.
Lawyer Kenneth Chesebro pleads guilty over efforts to overturn Trump’s 2020 loss in Georgia
Lawyer Kenneth Chesebro pleaded guilty to a felony on Friday just as jury selection was getting underway in his trial on charges accusing him of participating in efforts to overturn Donald Trump’s loss in the 2020 election in Georgia.
Opinions Oct. 20, 2023
Court of Appeals of Indiana
Kimberly J. Brook v. State of Indiana
22A-CR-2110
Criminal. Affirms Kimberly J. Brook’s convictions of Class A misdemeanor resisting law enforcement, Class A misdemeanor driving while suspended, Level 6 felony unlawful possession or use of a legend drug and Level 6 felony obstruction of justice, and her two-year sentence, with one year executed and one year served on community corrections. Finds Brook was not entitled to bifurcation, so the Cass Superior Court did not abuse its discretion in denying her request. Also finds the trial court did not erroneously invade the province of the jury by giving instructions that created a mandatory presumption indicating that Lorazepam was classified as a legend drug, and there was sufficient evidence to prove that Brook possessed Lorazepam. Finally, finds the trial court did not abuse its discretion in the admission of testimony, and Brook’s sentence is not inappropriate. Judges Nancy Vaidik and Elizabeth Tavitas concur and dissent in part with separate opinions.
Defendant’s lie about prescription for drug not subject to attorney-client privilege, split COA affirms
A woman’s communication with her former attorney was for the purpose of perpetrating a fraud on the state and trial court and therefore not subject to attorney-client privilege, a split Court of Appeals of Indiana ruled in affirming a lower court’s decisions.
Judge reverses hold on Bloomington annexation lawsuit
A case dictating the outcome of whether two areas will become part of the city of Bloomington is moving to trial after a judge lifted a hold on the case Wednesday.
Attorneys for man charged in Delphi killings leave case amid questions of evidence security
The trial for an Indiana man charged in the killings of two teenage girls is expected to be delayed after his defense attorneys withdrew from the case Thursday amid questions about security of evidence.