COA affirms declaratory judgment in case involving Clinton Co. sheriff who hired wife as jail matron
The Court of Appeals of Indiana affirmed a trial court’s declaratory judgment in a case involving Clinton County’s sheriff and his wife.
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Opinions June 14, 2023
Linda Gierek, et al. v. Anonymous 1, et al.
22A-CT-01225
Civil tort. Affirms the Elkhart Superior Court’s ruling that the Indiana Medical Malpractice Act applies to the plaintiffs’ claims. Finds the alleged torts are based on health care provided by the hospital. Reverses the trial court’s ruling that it didn’t have subject matter jurisdiction. Finds granting a motion for class certification would not exceed the scope of the trial court’s subject matter jurisdiction. Remands for a consideration of the plaintiffs’ motions for class certification.
Indiana Medical Malpractice Act applies to claims in surgical procedures case, COA affirms
The Indiana Medical Malpractice Act applies to claims in a consolidated class-action lawsuit concerning a hospital technician’s failure to sterilize surgical equipment, the Court of Appeals of Indiana has ruled in partially affirming a lower court’s decision.
COA reverses and dismisses medical negligence case
An injured high school student needed to submit her complaint to a medical review panel before she presented it to a trial court, the Court of Appeals of Indiana ruled Wednesday in reversing and dismissing a case that alleged negligence.
COA affirms denial of post-conviction petition in sex crimes case
The Court of Appeals of Indiana denied a man’s post-conviction appeal Wednesday of his conviction and sentence for sexual misconduct with a minor, affirming that he received effective assistance from counsel and knowingly pleaded guilty in the case.
Marijuana, taxes among interim study committee topics
Legislators will spend their interim break studying various topics of interest, including the impacts of cannabis legalization on the workforce and possible tax reform.
Trump pleads not guilty to federal charges that he illegally kept classified documents
Donald Trump became the first former president to face a judge on federal charges as he pleaded not guilty in a Miami courtroom Tuesday to dozens of felony counts accusing him of hoarding classified documents and refusing government demands to give them back.
Indiana man gets 40 years in prison after guilty but mentally ill plea in mother’s death
A western Indiana man who pleaded guilty but mentally ill to a felony charge stemming from his mother’s fatal stabbing has been sentenced to 40 years in prison.
No legislative discipline in sight for Indiana lawmaker who admitted drunken driving
An Indiana state lawmaker isn’t facing any immediate legislative discipline after pleading guilty to drunken driving charges for crashing his pickup truck through an interstate highway guardrail and driving away.
Opinions June 13, 2023
Court of Appeals of Indiana
Netflix Inc., Disney DTC LLC, Hulu LLC, DIRECTTV LLC, Dish Network Corp., and Dish Network L.L.C. v. City of Fishers, Indiana, City of Indianapolis, Indiana, City of Evansville, Indiana, and City of Valparaiso, Indiana on behalf of themselves and all others similarly situated
22A-PL-1630
Civil plenary. Affirms the Marion Superior Court’s authority to hear the case pursuant to Indiana Declaratory Judgment Act. Finds the streaming services meet the requirements of the IDJA and the trial court properly exercised jurisdiction. Remands with instructions to vacate the denials of the streaming services’ motions to dismiss.
Trial court has jurisdiction over complaint against streaming services, COA affirms
The Court of Appeals of Indiana affirmed and remanded a case in which four Indiana cities allege streaming services are subjected to requirements of the Indiana Video Service Franchises Act, ruling that Marion Superior Court has the authority to hear the case.
COA grants rehearing, but reaffirms conspiracy to commit murder conviction
The Court of Appeals of Indiana granted a rehearing Tuesday and corrected a factual error in an opinion issued in April, but the court otherwise reaffirmed its ruling that there was sufficient evidence to support a conspiracy to commit murder conviction.
3 men sentenced to a collective 25 years in federal prison for armed robbery of Lawrence mobile phone store
| IL Staff
A third Indianapolis man involved in a 2020 armed robbery in Lawrence has been sentenced to eight years in federal prison for his role in the incident.
Mother of 6-year-old who shot teacher pleads guilty to using marijuana while having a firearm
The mother of a 6-year-old boy who shot his teacher in Virginia pleaded guilty in federal court Monday to using marijuana while possessing a firearm, which is illegal under U.S. law.
Indiana chosen for $3B electric vehicle battery plant, 1,700 jobs
After nearly a year of waiting, it’s official: A more than $3 billion electric vehicle battery cell plant is coming to northern Indiana.
Supreme Court won’t review North Carolina’s decision to nix license plates with Confederate flag
The Supreme Court said Monday it won’t review North Carolina’s decision to stop issuing specialty license plates with the Confederate flag.
Indiana utility in top 5 for disconnections rate nationwide, new dashboard says
AES Indiana, one of the state’s “big five” investor-owned utility companies, logged the country’s fourth-highest rate of residential disconnections, according to data from an Indiana University dashboard launched Friday.
Rep. Lucas enters plea agreement for OWI, leaving scene of accident following May arrest
Indiana state Rep. Jim Lucas, R-Seymour, has entered into a plea agreement for Class C operating a vehicle while intoxicated and Class B leaving the scene of an accident charges following his early-morning crash and arrest in Jackson County in May.
Church Church Hittle + Antrim merges with Burrus & Sease
Two of the area’s oldest law firms have joined forces, as Hamilton County-based Church Church Hittle + Antrim celebrated its new merger with Burrus & Sease June 8.
COA affirms man’s 9-year sentence for sex crimes against minor
A trial court didn’t abuse its discretion when it did not find a man’s autism spectrum disorder diagnosis to be a mitigating circumstance in his 2022 sentencing for sex crimes against a minor, the Court of Appeals of Indiana affirmed Monday.