Wentworth certified as senior judge ahead of Tax Court retirement
Outgoing Indiana Tax Court Judge Martha Blood Wentworth has been granted senior judge status.
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Opinions Aug. 22, 2023
Court of Appeals of Indiana
Gareth Sylvester Earl Jones v. State of Indiana
22A-CR-2661
Criminal. Affirms Gareth Jones’ convictions of Level 1 burglary resulting in serious bodily injury and Level 5 robbery, and his 40-year aggregate sentence. Finds the Clark Circuit Court did not abuse its discretion in the admission and exclusion of evidence. Also finds the state presented sufficient evidence to support the convictions. Finally, finds the sentence is not inappropriate.
Judge declines to clarify who’s covered under RFRA-based injunction of state’s near-total abortion ban
| IL Staff
The Marion Superior Court has declined to provide clarity on who is covered under a temporary injunction entered against the state’s near-total abortion ban on religious freedom grounds.
COA upholds convictions, 40-year sentence for man convicted of robbing, beating 85-year-old woman
A man convicted of breaking into an elderly woman’s home and severely beating her could not convince the Court of Appeals of Indiana that his felony convictions or sentence should be overturned.
DCS employees win summary judgment on 4th Amendment claim after children were removed, killed in fire
A federal judge has dismissed a Fourth Amendment unreasonable seizure claim filed against four Department of Child Services employees who were sued after five children were removed from their adoptive parents and were subsequently killed in a house fire.
IPS files complaint against state to declare district’s exemption from $1 charter law
| IL Staff
Indianapolis Public Schools has filed a complaint against Indiana Attorney General Todd Rokita and the state’s education secretary over an updated version of a law that requires districts to offer unused classroom buildings to charter schools for $1.
Taiwan damages claims fall outside insurance coverage territory limits, COA affirms
An insurance company is not contractually required to cover losses related to a class-action lawsuit filed in Taiwan, the Court of Appeals of Indiana affirmed Tuesday.
Mass shootings spur divergent laws as states split between gun rights and control
Tennessee’s Legislature is meeting this week to consider public safety proposals stemming from a deadly shooting at a Nashville elementary school earlier this year. It highlights the widely divergent response among states to a spate of mass shootings.
Trump says he will surrender Thursday on Georgia charges tied to efforts to overturn 2020 election
Former President Donald Trump says he will surrender to authorities in Georgia on Thursday to face charges in the case accusing him of illegally scheming to overturn his 2020 election loss in the state.
Biden names former Obama administration attorney Siskel as White House counsel
President Joe Biden announced on Tuesday that the new White House counsel will be Ed Siskel, a former Obama administration attorney who helped craft the response to the congressional investigations into the 2012 Benghazi attack.
Habitual offender enhancement bumps Muncie man’s prison term to 44 years in felony drug case
| IL Staff
A Muncie man with a lengthy criminal history was sentenced to 44 years in prison after being convicted of dealing in a controlled substance resulting in death, a Level 1 felony, Delaware County Prosecutor Eric Hoffman announced Aug. 16.
Opinions Aug. 21, 2023
Court of Appeals of Indiana
The Estate of Joyce Gillette and Kathryn Gillette v. Franciscan Alliance, Inc., Physician On Duty – St. Francis, Chris Hyman, and John Doe Employees of St. Francis (mem. dec.)
22A-CT-1625
Civil tort. Affirms Marion Superior Court’s order granting summary judgment to the defendants. Finds that because the designated evidence shows the defendants did not render life-prolonging care in the face of a valid refusal, they cannot be liable for medical battery.
Indianapolis Housing Agency commits to ‘rectify’ living conditions at apartment complex
| IL Staff
The Indiana Attorney General’s Office has obtained a legal commitment from the Indianapolis Housing Agency to rectify living conditions at a downtown apartment building, the AG’s office announced Aug. 14.
‘Trifecta of errors’ warrants transfer in case of waived appeal, Chief Justice Rush writes in dissent
A woman who pleaded guilty to felony dealing in methamphetamine did not knowingly or voluntarily waive her constitutional right to appeal her 48-year sentence, Indiana Chief Justice Loretta Rush wrote in a dissenting opinion to the high court’s decision to deny transfer to the case.
IN Supreme Court denies motion for rehearing on Indiana’s near-total abortion ban
A split Indiana Supreme Court has denied the American Civil Liberties Union of Indiana’s motion for rehearing on the state’s near-total abortion ban.
Medicine without doctors? State laws are changing who treats patients
Florida and Georgia are two of many states contending with how much independence to give nurse practitioners and other medical professionals. It’s a question that has become emotional for medical providers and time-consuming for many state and federal groups.
A Republican lawsuit threatens a Biden immigration policy thousands have used to come to the US
Roughly 181,000 people have entered the U.S. under the humanitarian parole immigration program since President Joe Biden launched the initiative. But 21 Republican-leaning states threaten to end the program through a lawsuit to determine its legality.
Where do the 2024 presidential candidates stand on abortion?
More than a year after the U.S. Supreme Court overturned the federal right to abortion, the issue has at times dominated the discussion among the Republicans seeking their party’s 2024 presidential nomination.
After a year of permitless carry in Indiana, handgun licenses and related misdemeanors drop
One year after Indiana removed the permit requirement to legally carry a handgun, applications for firearm licenses have dwindled — and so has the number of misdemeanors filed for unlawful carry.
Opinions Aug. 18, 2023
Court of Appeals of Indiana
Vincent S. Horns v. State of Indiana
22A-CR-2813
Criminal. Affirms Vincent Horns’ convictions of Level 6 leaving the scene of an accident and Level 6 obstruction of justice, and his aggregate sentence of four years. Finds the evidence was sufficient to support Horns’ convictions in the Hendricks Circuit Court. Also finds the sentence is not inappropriate.