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7224 results for 'articles'

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Homeowner denied emotional distress damages for economic loss caused by fireworks

January 31, 2023 | Jordan Morey

A Johnson County homeowner whose garage ignited after a firework hit her property in the middle of the night will not receive any damages for negligent infliction of emotional distress caused by the accident.

fireworks-bp-2col.jpg

COA grants new post-conviction hearing after clerk error

January 31, 2023 | Alexa Shrake

The Court of Appeals of Indiana reversed the denial of a post-conviction relief petition on Tuesday, ordering a new hearing after subpoenas weren’t issued to two attorneys who had worked on the appellant’s case.

COA upholds stalking conviction, sentence

January 31, 2023 | Alexa Shrake

A man who stalked his high school crush for years despite repeated warnings has failed to convince the Court of Appeals to overturn his felony conviction or two-year sentence.

Default judgment upheld in Steuben Co. property dispute

January 31, 2023 | Olivia Covington

A group of Steuben County residents seeking to overturn default judgment in a lakefront property dispute failed in their bid to convince the Court of Appeals to allow them to intervene or to order the trial court to set aside the default judgment.

Ex-Marian University prof alleges age discrimination after termination

January 31, 2023 | Alexa Shrake

A former Marian University professor who was terminated despite having tenure has filed a lawsuit against the school claiming age discrimination.

Opinions Jan. 31, 2023

January 31, 2023

Court of Appeals of Indiana
Faye E. Hunter and James E. Hunter v. J & M Displays, Inc.
22A-CT-1454
Civil tort. Affirms the grant of J & M Displays Inc.’s motion for summary judgment in a dispute with Faye E. and James E. Hunter. Finds the evidence does not constitute a direct physical impact under the Modified Impact Rule. Also finds the Johnson Superior Court did not err in granting summary judgment with respect to the Hunters’ claim of negligent infliction of emotional distress.

Indiana justices won’t hear 2nd abortion case for now

January 31, 2023 | Associated Press

Indiana’s high court said it will not immediately consider a challenge to the state’s abortion ban that is based on the argument that the law violates some people’s religious freedoms, leaving that decision to the Court of Appeals of Indiana, at least for now.

7th Memphis officer disciplined, EMTs fired in Nichols death

January 31, 2023 | Associated Press

Two more Memphis police officers have been disciplined and three emergency responders fired in connection with the death of Tyre Nichols, officials said Monday, widening the circle of punishment for the shocking display of police brutality after video showed many more people failed to help him beyond the five officers accused of beating him to death.

Feds expect to collect $4.7B in insurance fraud penalties

January 31, 2023 | Associated Press

The Biden administration estimated Monday that it could collect as much as $4.7 billion from insurance companies with newer and tougher penalties for submitting improper charges on the taxpayers’ tab for Medicare Advantage care.

Mitch Daniels decides not to run for U.S. Senate

January 31, 2023 | Indianapolis Business Journal Staff

Former Gov. Mitch Daniels, who just completed a 10-year stint as Purdue University president, said Tuesday he will not run for the U.S. Senate, ending speculation that he would jump into the 2024 race after sitting Sen. Mike Braun decided to run for governor.

State lawmakers revive effort to require partisan school board elections

January 31, 2023 | Indiana Capital Chronicle

Indiana lawmakers are trying again to pass a Republican-backed proposal to make school board elections partisan despite opposition from school board members and education advocates from across the state.

COA: Trial court properly dismissed motion to suppress blood draw in drunken driving case

January 30, 2023 | Alexa Shrake and Jordan Morey

A drunken driver who killed another person in a two-car vehicle wreck has failed to convince the Court of Appeals of Indiana her blood test results should be suppressed from her trial.

COA upholds drug dealer’s convictions, remands for illegal sentence

January 30, 2023 | Alexa Shrake and Jordan Morey

An Indianapolis man will not shake his drug convictions after the Court of Appeals of Indiana found police didn’t illegally search a hotel room he was living in. In fact, he will spend more in prison after judges concluded the sentence he was given didn’t fall within the sentencing guidelines.

Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms

January 30, 2023 | Jordan Morey

Neither the trust that owns a ramshackle house nor the man living on the property fixing it up will be awarded attorney fees after the Court of Appeals of Indiana affirmed Marion Superior Court rulings that placed blame on both sides.

COA awards prisoner additional pretrial credits in reversal

January 30, 2023 | Alexa Shrake and Jordan Morey

An Indiana prisoner will have time knocked off his sentence after the Court of Appeals of Indiana found a trial court miscalculated his pretrial confinement credits after one of his multiple offenses was dismissed pursuant to a plea agreement.

Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute

January 30, 2023 | Jordan Morey

The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.

fees

COA: Mother didn’t abandon child, consent needed for adoption

January 30, 2023 | Jordan Morey

A northern Indiana mother has won a reversal on an adoption petition granted to her child’s stepmother after the Court of Appeals of Indiana concluded she did not abandon her child and her consent was required for the adoption.

Opinions Jan. 30, 2023

January 30, 2023

Court of Appeals of Indiana
Tina M. Isley v. State of Indiana
21A-CR-2837
Criminal. Affirms the denial of Tina Isley’s motion to suppress blood draw results and medical records. Finds Isley’s rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and Indiana’s implied consent laws were not violated. Judge Melissa May concurs in result with separate opinion.

COA: Fired employee did not commit theft, is entitled to unemployment benefits

January 30, 2023 | Alexa Shrake

A fired Indiana leasing consultant will continue to get unemployment benefits after the Court of Appeals of Indiana affirmed she wasn’t let go for gross negligence.

Tyre Nichols case revives calls for change in police culture

January 30, 2023 | Associated Press

Tyre Nichols’ fatal encounter with police officers in Memphis, Tennessee, recorded in video made public Friday night, is a glaring reminder that efforts to reform policing have failed to prevent more flashpoints in an intractable epidemic of brutality.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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