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.
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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.
DOJ to ask Supreme Court to put abortion pill limits on hold
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
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
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
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
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.
COA reverses, remands summary judgment denial after explosion death
An Evansville car dealer is entitled to summary judgment in an accidental death case in which a man’s widow claimed negligence, the Court of Appeals of Indiana ruled in reversing and remanding the denial of summary judgment.
IU McKinney students talk abortion during panel discussion
Indiana University Robert H. McKinney School of Law students hosted a panel discussion Tuesday called “Can We Talk? Women, Life and the Law,” giving students the opportunity to ask questions about abortion-related issues.
Opinions April 12, 2023
Darrell Scott Durham v. State of Indiana (mem. dec.)
22A-CR-872
Criminal. Affirms Darrell S. Durham’s convictions of Level 4 felony possession of a firearm by a serious violent felon, Level 5 felony domestic battery by means of a deadly weapon, Level 6 felony domestic battery and Level 6 felony pointing a firearm, and his nine-year sentence. Finds the admission of Exhibit 24, a no-contact order, was, at most, harmless error. Also finds the state’s closing arguments did not amount to fundamental error. Finally, finds the Marion Superior Court relied on proper aggravators in sentencing Durham.
Indiana birth control bills move with abortion ban in flux
Indiana residents could have over-the-counter birth control access under a bill state lawmakers sent to the governor Tuesday, a move proponents say will prevent unwanted pregnancies in a state that passed an abortion ban last summer.