Indy nursing home resident pleads guilty to murder, rape of 80-year-old invalid
A 61-year-old Indianapolis nursing home resident pleaded guilty to murder and rape Thursday in the death of an 80-year-old invalid last year.
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Ruff day in court: Supreme Court sides with Jack Daniel’s in dispute with makers of dog toy
The Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy.
COA rehearing produces same result, as court rules in state pharmacy board’s favor
A former pharmacist’s inability to allege an ongoing violation of federal law has negated his attempt to prevail in his case against the Indiana Board of Pharmacy, the Court of Appeals of Indiana ruled Thursday.
Opinions June 8, 2023
Indiana Supreme Court
Donald R. Owen, Jr. v. State of Indiana
21S-LW-333
Life without parole. Affirms Donald Owen’s sentence of life without parole for his conviction of murder. Finds there was sufficient evidence in the Elkhart Circuit Court to find Owen was a major participant and to support two of the statutory aggravators. Also finds the trial court did not abuse its discretion in declining Owen’s proposed jury instructions. Finally, finds the record supports other aggravators.
IN Supreme Court affirms LWOP sentence for man involved in 2019 gang torture, killing
A man who received life without parole for his role in torturing and killing a woman failed to convince the Indiana Supreme Court that three statutory aggravators applied to his murder conviction were inappropriate.
Report offers recommendations on how allied legal professionals can help fill ‘justice gap’
| IL Staff
A new report from the Institute for the Advancement of the American Legal System recommends being thoughtful about titles given to allied legal professionals and incorporating practices such as estate planning in their work as part of an effort to meet the high demand for legal services.
Indiana Tax Court judge to speak at state and local tax symposium
| IL Staff
Indiana Tax Court Judge Martha Blood Wentworth will be giving a keynote address at the State and Local Tax Symposium June 16 at Northwestern University’s Pritzker School of Law.
COA rejects appeal, affirms felony conviction for father convicted of battering autistic son
The Court of Appeals of Indiana has rejected a father’s parental privilege defense and affirmed the man’s conviction for felony battery of his autistic son.
Supreme Court rules in favor of Black Alabama voters in unexpected defense of Voting Rights Act
The Supreme Court issued a surprising 5-4 ruling in favor of Black voters in a congressional redistricting case from Alabama, with two conservative justices joining liberals in rejecting a Republican-led effort to weaken a landmark voting rights law.
Spending clause questions remain even as SCOTUS finds individually enforceable rights under federal nursing home law, allowing case against HHC to continue
| IL Staff
The Federal Nursing Home Reform Act creates individually enforceable rights, meaning a lawsuit against the Health & Hospital Corporation of Marion County can continue. But questions remain as to citizens’ ability to sue enforce spending clause statutes.
Noblesville middle school shooter who wounded teacher, student in 2018 will remain in custody
A judge on Wednesday ordered a former student who opened fire at an Indiana middle school in 2018, wounding another student and a teacher, to remain in custody until an investigation of a separate assault allegation against the teenager is completed.
Justice Jackson reports flowers from Oprah, designer clothing as Thomas delays filing disclosure
Justice Ketanji Brown Jackson disclosed Wednesday that she received a $1,200 congratulatory floral display from Oprah Winfrey and $6,580 in designer clothing for a magazine photo shoot in her first months as the first Black woman on the Supreme Court.
Biden vetoes bill to cancel student debt relief
President Joe Biden on Wednesday vetoed legislation that would have canceled his plan to forgive student debt.
House Republicans pull back contempt charge against FBI director Wray over Biden doc
The Republican chairman of the House Oversight Committee on Wednesday called off a vote on a contempt of Congress charge against FBI Director Christopher Wray.
Robb granted senior judge status ahead of retirement
| IL Staff
As she prepares to retire after 25 years on the appellate bench, Court of Appeals of Indiana Judge Margret Robb has been granted certification as a senior judge.
Judge rules children of ex-fertility doc Cline can proceed with 3 claims against Netflix, dismisses 2 others
Children who were fathered by disgraced Indianapolis fertility specialist Donald Cline can proceed with three of their claims against Netflix and a production company, but a federal judge dismissed identity deception and theft claims.
Opinions June 7, 2023
Court of Appeals of Indiana
IBYH, LLC v. Masiongale Electrical-Mechanical, Inc. (mem. dec.)
22A-PL-2945
Civil plenary. Affirms the denial of IBYH LLC’s motion to correct error, which challenged a grant of summary judgment in favor of Masiongale Electrical-Mechanical Inc. Finds the Delaware Circuit Court did not improvidently grant summary judgment to Masiongale.
Anderson newspaper wins dismissal of discrimination complaint filed by Black journalist, but without prejudice
A Black journalist who called a local school board member a white supremacist then accused leadership at the Anderson newspaper of race and gender discrimination will have one more chance to amend her complaint after a judge dismissed it without prejudice.
Pence opens presidential bid with broad critiques of Trump over Jan. 6 insurrection, abortion
Mike Pence opened his presidential bid with an unusually forceful critique of former President Donald Trump over Jan. 6, his temperament and abortion on Wednesday as he became the first vice president in modern history to challenge his former running mate.
Judge grants class action certification for RFRA-based lawsuit against Indiana abortion ban
A lawsuit that seeks to strike down the state’s near-total abortion ban on the basis of Indiana’s controversial religious freedom law was certified Tuesday as a class action by a Marion Superior Court judge.
