Justices to consider case involving fishing boat monitor pay
The U.S. Supreme Court will take up the subject of who pays for workers who gather valuable data aboard commercial fishing boats.
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Supreme Court Justice Stevens’ private papers open to public
A wide-ranging selection of papers that belonged to Supreme Court Justice John Paul Stevens is opening to researchers Tuesday at the Library of Congress.
Opinions May 1, 2023
Court of Appeals of Indiana
Ty Evans v. State of Indiana
22A-PC-220
Post-conviction relief. Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.
SCOTUS declines to revisit Indiana law requiring burial, cremation of aborted fetal remains
The U.S. Supreme Court has declined to revisit an Indiana abortion law that requires the burial or cremation of aborted fetal remains.
IN Supreme Court should consider resisting law enforcement case, Chief Justice Rush writes in dissent to transfer denial
| IL Staff
Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving a woman convicted of resisting law enforcement, writing that the case would be an opportunity to clarify what it means to “forcibly” resist law enforcement.
Terre Haute inmate gets additional 2.5 years for assaulting correctional officer
| IL Staff
An inmate at the Terre Haute Federal Correctional Institution has been sentenced to an additional 2½ years in prison for assaulting a federal correctional officer, the U.S. Attorney’s Office for the Southern District of Indiana announced Friday.
Man secures reversal after trial court denies successive PCR petition in attempted murder case
A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.
Indy dermatologist gets probation, $360K in restitution for underreporting $1.2M in income
| IL Staff
An Indianapolis dermatologist has been sentenced to three years of probation for underreporting at least $1.2 million in taxable income over a three-year period. David Gerstein, 63, of Hamilton County, has also been ordered to pay $360,669 in restitution.
Miller, Watson to receive distinguished legal service awards
| IL Staff
A federal judge and a retired professor at the Indiana University Robert H. McKinney School of Law alumni will be honored this summer with awards for their distinguished legal service.
Supreme Court to decide important case on government power
The U.S. Supreme Court said Monday it will decide whether to jettison a decades-old decision that has been a frequent target of conservatives and, if overruled, could make it harder to sustain governmental regulations.
Man gets 240 years in prison for 2020 Indy slayings of 4 people
A man convicted of four counts of murder and other charges in the fatal Indianapolis shootings of three young men and a young woman was sentenced Friday to 240 years in prison.
Counselor and inmate stabbed at private prison in New Castle
A female mental health counselor and a male inmate were stabbed by another inmate during an attack at a private prison in eastern Indiana, authorities said.
A look at key issues during Indiana’s legislative session
The Indiana General Assembly concluded the year’s regular session early Friday. Here are some key issues debated during the nearly four-month session.
Biden commutes sentences of 31 convicted of drug crimes, including 2 Hoosiers
President Joe Biden has commuted the sentences of 31 people, including two Hoosiers, convicted of nonviolent drug crimes who were serving time in home confinement, the White House announced Friday.
Opinions April 28, 2023
Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.
New Grant Co. judge Foust to take the bench Monday; judge pro tem revoked
| IL Staff
The appointment of a new judge to Grant Superior Court 2 following Judge Dana Kenworthy’s ascension to the Court of Appeals of Indiana means a judge pro tempore can be relieved of her duties.
Double jeopardy rights weren’t violated in aggravated battery case, but credit was miscalculated
A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.
SCOTUS once again considering challenge to IN fetal disposition abortion law
Today’s conference of the U.S. Supreme Court is scheduled to include discussion about whether the justices should once again consider a case challenging a law governing the disposal of aborted fetal remains in Indiana.
Illuminated blue lights ‘on’ private vehicles are only for volunteer firefighters, COA rules
Writing on a “clean slate,” the Court of Appeals of Indiana has affirmed a finding that a man who had blue lights on the inside of his car committed an infraction.
COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
