US Supreme Court’s abortion pill order spares safe havens
A U.S. Supreme Court order keeps in place federal rules for use of mifepristone, one of the two drugs usually used in combination in medication abortions.
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Justices grant transfer to protective order case, 1 other
| IL Staff
Indiana Supreme Court justices have agreed to consider two cases for the week ending April 7.
Indiana Senate passes resolution that would limit bail
The Indiana Senate has passed a resolution that would amend the Indiana Constitution to allow denial of bail in certain circumstances.
COA affirms summary judgment, rules for landlord in dog bite case
A landlord whose tenant’s pit bulls bit a mail carrier isn’t liable for damages, the Court of Appeals of Indiana ruled in affirming a trial court’s summary judgment ruling.
‘It’s kind of my job’: Judges, lawyers talk about legal community’s role in civics
A panel of attorneys and judges discussed the legal community’s role in increasing civic engagement and education Thursday during the Indiana Bar Foundation Civics Summit.
Opinions 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
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
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
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
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
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
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
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
| 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
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
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
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
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’
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
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.