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Chief Justice Rush commends perseverance of courts, honors Justice David at State of the Judiciary

January 12, 2022 | Katie Stancombe

Indiana Chief Justice Loretta Rush presented her eighth State of the Judiciary address to Indiana Gov. Eric Holcomb, state lawmakers and fellow judges on the conditions of Indiana’s courts on Wednesday.

COA: Father satisfies Bystander Rule for negligence claim

January 12, 2022 | Marilyn Odendahl

A Pulaski County man claiming “negligent infliction of emotional distress” will be able to continue with his lawsuit after the Court of Appeals of Indiana found he satisfied the Bystander Rule even though he arrived at the scene about three hours after a gas explosion destroyed his house.

Opinions Jan. 12, 2022

January 12, 2022

Court of Appeals of Indiana
Ceres Solutions Cooperative, Inc., v. Estate of Kathryn Bradley, et al.
21A-CT-377
Civil Tort. Affirms Pulaski Superior Court’s denial of Ceres’ summary judgment motion related to Kathy Bradley and reverses the trial court’s grant of Ceres’ summary judgment motion regarding Kathy’s son, Eric Bradley. Finds Kathy’s husband, Kenneth Bradley, meets the requirement of the Bystander Rule and can proceed with his claim for negligent  infliction of emotional distress.

Indiana Black legislators introduce legislation to ‘dismantle discriminatory systems’

January 12, 2022 | Marilyn Odendahl

Asserting they are willing to fight “these old battles,” the Indiana Black Legislative Caucus unveiled its 2022 legislative agenda that is focused on addressing what they called the “long-term effects of racism in society” in the areas of wealth, education, health and housing.

Crown Point workers’ comp attorney Jeffrey Sturm remembered fondly

January 12, 2022 | IL Staff

Jeffrey S. Sturm, a workers’ compensation leader and attorney with George C. Patrick & Associates, PC, has died. He was 58.

Public health emergency bill moves forward in Indiana Senate

January 12, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

The Indiana Senate’s version of legislation to enact administrative tools to end the state’s public health emergency passed in committee unanimously on Wednesday, with backing from business and health care leaders.

House endorses bill allowing Level 6 offenders to go to DOC

January 12, 2022 | Olivia Covington

In endorsing legislation allowing more people convicted of Level 6 felonies to be sentenced to the Department of Correction, an Indiana House Republican said the move was the result of learning from recent data. But some House Democrats said the bill was actually a sign that the Legislature had failed in its wide-ranging criminal justice reform bill passed nearly a decade ago.

7th Circuit won’t revive Illinois churches’ COVID suit

January 12, 2022 | Jordan Morey

The 7th Circuit Court of Appeals has refused to revive a lawsuit filed by two churches requesting an injunction forbidding Illinois’ governor from reinstating capacity limits on religious services in the future like he did at the beginning of the COVID-19 pandemic.

Holcomb paints rosy economic picture in State of the State address

January 12, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb painted a rosy picture of the state’s accomplishments in his sixth State of the State address, and he outlined steps he wants to take to keep up that momentum while acknowledging lingering challenges from the COVID-19 pandemic.

Justice Dept. creating unit focused on domestic terrorism

January 12, 2022 | Associated Press

The Justice Department is establishing a specialized unit focused on domestic terrorism, the department’s top national security official told lawmakers Tuesday as he described an “elevated” threat from violent extremists in the United States.

US Supreme Court agrees Indian Country ruling not retroactive

January 12, 2022 | Associated Press

The U.S. Supreme Court upheld an Oklahoma appellate court decision that the high court’s landmark McGirt ruling on criminal jurisdiction in Indian Country does not apply retroactively to state convictions that are finalized.

Handgun permit repeal bill advances to Senate

January 11, 2022 | Katie Stancombe

A bill that would do away with Indiana’s handgun permit requirement will continue to advance through the Indiana General Assembly after getting a majority vote of approval in the Indiana House on Tuesday.

Opinions Jan. 11, 2022

January 11, 2022

Court of Appeals of Indiana
Shaun A. Smith v. State of Indiana
21A-CR-956
Criminal. Affirms Shaun A. Smith’s conviction of Level 5 felony dealing in methamphetamine. Finds the Cass Superior Court did not abuse its discretion by admitting into evidence a redacted report compiling text messages that were extracted from Smith’s cellphone. Also finds that any error would have been harmless.

Supreme Court denies appeal of Islamic State bride

January 11, 2022 | Associated Press

The U.S. Supreme Court has refused to hear the appeal of a woman who left home in Alabama to join the Islamic State terror group, but then decided she wanted to return to the United States.

Turn signal bill gets green light to Senate floor

January 11, 2022 | Katie Stancombe

A bill that would strip a requirement for Hoosier motorists to signal at certain distances before changing lanes or turning got the green light to move ahead in the Indiana Legislature on Tuesday.

Justices grant transfer to 2 cases, deny transfer to case against couple that allegedly abandoned adopted daughter

January 11, 2022 | IL Staff

A burglary conviction that was tossed and a dispute over insurance coverage for a pair of bars are both headed to the Indiana Supreme Court for review. But the case against an Indiana couple accused of abandoning their adopted daughter has been denied transfer.

COA rejects challenge to text message report

January 11, 2022 | Olivia Covington

A man convicted of dealing in meth after a report of his text messages describing a drug deal was used against him has lost his argument on appeal that the report should not have been admitted as evidence.

Indiana teachers push back against school curriculum bills

January 11, 2022 | Associated Press

A controversial Indiana bill that Republican lawmakers contend would increase transparency around school curricula has drawn opposition from dozens of teachers who testified Monday at the Statehouse that the legislation would censor classroom instruction and place unnecessary additional workloads on educators.

Armed man shot by Fort Wayne police facing weapons charges

January 11, 2022 | Associated Press

A man who was shot and wounded by Fort Wayne police last week after officers called to a home found him armed with a gun is facing weapons and intimidation charges.

Prosecutor: Child rape suspect may have victims in 10 states, including Indiana

January 11, 2022 | Associated Press

A man arrested on child rape charges last month in Tennessee could have victims in nine other states, a prosecutor said Monday.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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