COA affirms summary judgment for farmers in land dispute
The Court of Appeals of Indiana has affirmed summary judgment in favor of Lawrence County farmers in a property dispute.
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Court orders new trial in pregnancy discrimination suit against Franciscan Alliance based on ‘monstrously excessive’ damages award
A federal jury’s award of $5.5 million to a former Franciscan Health employee who sued the health system for pregnancy discrimination suggests the verdict was based on “passion and prejudice,” a judge has ruled in granting Franciscan’s motion for a new trial.
Opinions May 4, 2023
Court of Appeals of Indiana
MLS Enterprises, LLC v. Adam R. Norman and Matthew A. Norman
22A-PL-2755
Civil plenary. Affirms the Lawrence Circuit Court’s grant of partial summary judgment to Adam and Matthew Norman. Finds the trial court did not abuse its discretion in the admission of designated evidentiary materials. Also finds the Normans are entitled to summary judgment on an adverse possession claim.
Ex-Indiana schools chief McCormick enters governor’s race
Former Indiana state schools Superintendent Jennifer McCormick launched a 2024 campaign for governor Thursday, taking on the daunting goal of flipping the state’s top office from Republican to Democrat after making the same political switch herself.
Atlanta shooting suspect has been charged with murder
The suspect in a mass shooting in Atlanta that left one woman dead and four others wounded has been charged with one count of murder and four counts of aggravated assault, Fulton County Jail records show.
Oklahoma sex offender fatally shot 6, then killed self, official says
An Oklahoma sex offender who was released from prison early shot his wife, her three children and their two friends in the head and then killed himself, authorities confirmed as concerns grew about why he was free as his trial on new sex charges loomed.
Opinions May 3, 2023
Indiana Supreme Court
Matthew H. Thomas Davis v. State of Indiana
22S-CR-253
Criminal. Dismisses Matthew H. Thomas Davis’ sentencing appeal. Finds his written plea agreement with the state unambiguously waived his right to appeal his sentence. Justice Christopher Goff dissents with separate opinion, joined by Chief Justice Loretta Rush.
District court orders resentencing but upholds convictions in drug case
A Marion County man is entitled to resentencing, but his convictions on drug, firearm and money laundering charges will stand, a Southern District of Indiana judge ordered Tuesday.
Majority justices dismiss sentencing appeal, but dissent points to erroneous trial court statement
A man who waived his right to appeal his four-year sentence for theft cannot challenge that sentence on direct appeal, the Indiana Supreme Court ruled in dismissing the man’s appeal. Two dissenting judges would hold that the appeal waiver is unenforceable.
Plunkett Cooney moves to new downtown Indianapolis location
| IL Staff
One of the oldest law firms in the Midwest, established in 1913, has relocated its Indiana office to a new downtown Indianapolis location.
Hogsett wins chance to seek 3rd term as Indy mayor, will face best-funded GOP foe yet
Indianapolis Mayor Joe Hogsett soundly defeated Democratic challenger Robin Shackleford in Tuesday’s primary election, setting up a November showdown with Jefferson Shreve, a largely self-funded millionaire candidate who handily won the GOP nomination.
Officials move inmate stuck on US death row for years
Prison officials this week moved a former drug dealer convicted of killing a 16-year-old Texas girl off federal death row to serve a life sentence in another prison amid criticism that he should have been moved years ago,
Overhaul of Supreme Court ethics runs into opposition
Senate Democrats promised Tuesday to pursue stronger ethics rules for the Supreme Court in the wake of reports that Justice Clarence Thomas participated in luxury vacations and a real estate deal with a top GOP donor. Republicans strongly oppose the effort.
Almost half of midterm voters cast ballots early or by mail
Almost half of all voters in the 2022 midterm elections cast their ballots before Election Day either by mail or through early voting, with Asian and Hispanic voters leading the way, according to new data the U.S. Census Bureau released Tuesday.
IN justices take med-mal, delinquency cases
The Indiana Supreme Court granted transfer to two cases out of 22 last week, including a medical malpractice case and a juvenile delinquency adjudication voided by the Court of Appeals of Indiana.
DCS director to resign, chief of staff named successor
| IL Staff
Indiana Department of Child Services Director Terry Stigdon will resign from the agency, Gov. Eric Holcomb announced Monday. Her last day is Friday. The agency’s current chief of staff, Eric Miller, has been named the new director.
Opinions May 2, 2023
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. William G. Curtis
21-2615
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Affirms the district court’s decision to refuse consideration of resentencing William G. Curtis for firearms-related sentences under the Fair Step Act. Finds a district court does have authority under the act to reduce an aggregate sentence, even if part of the sentence rests on offenses that are not covered by the act nor grouped with a covered offense. Also finds the district court’s error in assuming it lacked authority was harmless. Finally, finds Curtis’ consecutive sentences for firearms-related convictions were distinct and disaggregated from his drug conspiracy-related sentences.
Federal magistrate denies student’s motion to compel in discrimination suit against Noblesville Schools
A federal magistrate judge has denied a motion to compel in a case involving a Noblesville High School student who wanted to start an anti-abortion group and sued the district for discrimination.
District court correct in declining to reduce sentence for gun offenses, 7th Circuit affirms
A district court ruled correctly when it declined to impose a reduced sentence for a convicted drug trafficker’s gun-related offenses, the 7th Circuit Court of Appeals affirmed Monday.
Elkhart Co. dismissed from federal lawsuit filed by wrongfully convicted man with mental disabilities
Elkhart County has secured dismissal from a civil rights lawsuit filed by a man with severe mental disabilities whose murder conviction was vacated after nearly 17 years in prison.
