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Opinions April 14, 2023

April 14, 2023

Town of Clayton v. Michael Swanson and Evi Swanson (mem. dec.)
22A-CT-1061
Civil tort. Affirms and reverses in part the judgment in favor of Michael and Evi Swanson on their claim against the town of Clayton alleging inverse condemnation of real property. Finds the Hendricks Superior Court did not err when it denied the town’s motion for partial summary judgment on the issue of damages within the drainage easement, but did err when it denied the town’s motion for partial summary judgment on the Swansons’ claims alleging vicarious liability for Murrain Excavating Inc.’s negligence. Also finds the trial court’s findings regarding the Swansons’ inverse condemnation claim are supported by the evidence and are sufficient to show a taking.

In 1st impression case, COA reverses life insurance subsidization as part of equalization payment

April 14, 2023 | Olivia Covington

Addressing an issue of first impression, the Court of Appeals of Indiana has reversed an order for a man to subsidize his ex-wife’s life insurance premiums as part of an equalization payment, finding that order violated state statute.

Senate unveils budget with no expansion for school voucher program

April 14, 2023 | Peter Blanchard, Indianapolis Business Journal

Senate Republicans on Thursday unveiled their two-year spending plan for the state, calling for record increases in education funding but declining to increase eligibility for Indiana’s school voucher program—a priority of House Republicans.

FedEx shooting: Victims, family members sue company that distributed magazine used in shooting

April 14, 2023 | Tyler Fenwick

Victims and family members of victims from the 2021 FedEx shooting in Indianapolis have filed a lawsuit against American Tactical Inc., the distributor of the magazine used in the shooting, alleging negligence, public nuisance and unlawful marketing.

Whitfield family ‘thankful’ after 2 IMPD officers indicted following son’s death

April 14, 2023 | Alexa Shrake

The family of Herman Whitfield III said they are “thankful” after two of the six police officers involved in his death were charged Thursday.

Lawsuit: Man died after 20 days in isolation at Jackson Co. jail

April 14, 2023 | Associated Press

A man with a history of mental illness died after 20 days locked away, naked, in a windowless, isolation cell at a southern Indiana jail, where he lost nearly 45 pounds and didn’t receive necessary care, a federal lawsuit alleges.

Supreme Court won’t block $6B student debt relief settlement

April 14, 2023 | Associated Press

The Supreme Court on Thursday allowed a roughly $6 billion legal settlement to go forward that will cancel student loans for hundreds of thousands of borrowers who say they were misled by their schools.

Guardsman arrested in leak of classified military documents

April 14, 2023

A Massachusetts Air National Guard member was arrested Thursday in connection with the disclosure of highly classified military documents about the Ukraine war and other top national security issues.

Former Portage clerk-treasurer publicly reprimanded for not telling client about suspension

April 13, 2023 | IL Staff

A northern Indiana attorney who previously served as Portage clerk-treasurer has been publicly reprimanded for not telling a client that he was suspended for misconduct he committed while clerk-treasurer.

New book profiles Paula Cooper death penalty case; author hosts Q&A

April 13, 2023 | Alexa Shrake

A story of a teen girl sentenced to death garnered international headlines and, after extensive interviews and research, is now being told through a new book, “Seventy Times Seven.”

COA affirms child molesting convictions, 41-year sentence

April 13, 2023 | Daniel Carson

A man challenging his child molesting convictions and 41-year sentence found no relief at the Court of Appeals of Indiana.

Nurse gets prison sentence for stealing pain meds

April 13, 2023 | Alex Brown, Inside Indiana Business

A former emergency room nurse has been sentenced to three years in prison after pleading guilty to tampering with consumer products.

Opinions April 13, 2023

April 13, 2023

Court of Appeals of Indiana
Ray Sorgdrager v. State of Indiana
22A-CR-01175
Criminal. Affirms Ray Sorgdrager’s sentence for two counts of child molesting, one as a Level 1 felony and the other as a Level 4 felony, and his 41-year sentence in the Department of Correction. Finds sufficient evidence to support the Level 1 felony conviction. Also finds Sorgdrager failed to establish that either of his offenses is included in the other, either inherently or factually, so he has not established that his convictions constitute double jeopardy. Finally, finds Sorgdrager has not sustained his burden of establishing that his aggregate sentence is inappropriate in light of the nature of the offenses and his character. Judge Elaine Brown concurs and dissents in part with separate opinion.

2 IMPD officers indicted on felony counts for death of man experiencing ‘mental health crisis’

April 13, 2023 | Olivia Covington

Nearly one year to the day after Herman Whitfield III died while in the custody of Indianapolis police, two officers have been charged with multiple felonies in connection with his death. The other four officers involved in Whitfield’s death will not be charged.

Committee deadline fatal for many bills

April 13, 2023 | Indiana Capital Chronicle

Indiana’s House and Senate both face committee deadlines this week, so any bill that doesn’t advance to the respective chamber is dead for the year.

DOJ to ask Supreme Court to put abortion pill limits on hold

April 13, 2023 | Associated Press

An appeals court ruled that mifepristone can be used but reduced the period of pregnancy when the drug can be taken and said it could not be dispensed by mail. The Justice Department said it will ask the Supreme Court for an order to put any action on hold.

Judge temporarily blocks clean water rule in 24 states, including Indiana

April 13, 2023 | IL Staff and Associated Press

A federal judge on Wednesday temporarily blocked a federal rule in 24 states including Indiana that is intended to protect thousands of small streams, wetlands and other waterways throughout the nation.

After calls to resign, Feinstein seeks Judiciary replacement

April 13, 2023 | Associated Press

Recuperating U.S. Sen. Dianne Feinstein of California asked Wednesday to be temporarily replaced on the Judiciary Committee, shortly after two House Democrats called on her to resign after her extended absence from Washington.

Oil company established affirmative defenses against liability in man’s death, COA rules in reversal

April 12, 2023 | Tyler Fenwick

An oil company sued by the widow of a man who died using its product established affirmative defenses against liability and should have been granted summary judgment, the Court of Appeals of Indiana ruled in reversing a lower court’s decision.

IN Supreme Court justices dish on judicial pressure, favorite constitutional amendments in Q&A with students

April 12, 2023 | Tyler Fenwick

Indiana Supreme Court justices talked about advice they would give to aspiring lawyers, their favorite constitutional amendments and what it was like to transition to the bench during a Q&A on Tuesday with students at the University of Indianapolis.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

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