Woman pleads guilty in connection with Indiana killings of 2
A woman has pleaded guilty to attempted robbery in connection with the fatal April shootings of two women in Fort Wayne.
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Northern, Southern districts collect millions in civil, criminal actions in 2021
| IL Staff
United States attorneys for the Northern and Southern Districts of Indiana collectively brought in more than $10 million in criminal and civil actions during fiscal year 2021.
Indiana Bar Foundation launching series of initiatives thanks to $13M grant
With a big boost from what is possibly the largest influx of financial support it has ever received, the Indiana Bar Foundation is preparing to use a $13.1 million grant from the Indiana Housing and Community Development Authority to launch a series of initiatives to help guide Hoosiers facing housing problems through the civil legal system.
U.S. officials recommend shorter COVID isolation, quarantine
U.S. health officials on Monday cut isolation recommendations for Americans who catch the coronavirus from 10 to five days, and similarly shortened the time that close contacts need to quarantine.
Biden signs $768.2B defense spending bill into law
President Joe Biden signed the National Defense Authorization Act into law Monday, authorizing $768.2 billion in military spending, including a 2.7% pay raise for service members, for 2022.
Man charged in Indiana deputy’s shooting dies from COVID-19
A former town marshal charged in the September shooting of a southwest Indiana sheriff’s deputy has died after being hospitalized with COVID-19.
Opinions Dec. 27, 2021
Court of Appeals of Indiana
Kelly Holland v. Tammy M. Ketcham and Jason W. Ketcham
21A-CT-1708
Civil tort. Reverses the Lawrence Circuit Court’s entry of judgment for Tammy and Jason Ketcham against Kelly Holland in his lawsuit filed under Indiana’s Uniform Fraudulent Transfer Act on grounds that Tammy had transferred her cash assets of $200,000 into a real property in an attempt to hinder, delay, or defraud Holland as the judgment creditor under their dissolution decree. Concludes that Tammy had the actual intent to hinder, delay, or defraud Holland as her judgment creditor under the dissolution decree. Also finds Holland has shown that Jason acted in concert with Tammy in the commission of a fraudulent transfer. Remands for further proceedings as to Holland’s remedy.
Do-over eminent domain opinion yields same result
The Court of Appeals of Indiana has released what it is calling a “substitute opinion” in the dispute between a property owner and the Gary Housing Authority, but while the court clarified one of the issues being reviewed, the outcome remained the same.
7th Circuit: Southern District must recalculate restitution in fake credit card case
The U.S. District Court for the Southern District of Indiana will need to recalculate the restitution owed by an Indiana woman who was convicted of stealing thousands of dollars by creating fake credit cards after the 7th Circuit Court of Appeals vacated its remanded order for a second time.
COA: Moving company failed to exercise ordinary care to evictee for stolen items
A moving company failed to exercise a duty of ordinary care to a woman whose belongings were stolen after she was evicted from her home, the Court of Appeals of Indiana has ruled.
COA: Bedford couple attempted to defraud ex-husband
A man who accused his ex-wife of purchasing a home to defraud him of money she owed him as a result of their dissolution decree has secured a reversal from the Court of Appeals of Indiana.
Marion County judicial interviews scheduled for Jan. 18
| IL Staff
The Marion County Judicial Selection Committee will be interviewing 13 individuals, including six magistrates, two deputy prosecutors and a public defender, for the vacancy created by the impending resignation of Marion Superior Judge Mark Jones.
Indiana secretary of state leaves Republican Party position
Indiana’s top state elections official has stepped down from her position as the second-ranking officer in the state Republican Party.
Indiana House Republican to file sweeping marijuana legalization bill
A Republican lawmaker outside of the usual champions for cannabis legislation in the Indiana General Assembly will carry a sweeping bill to make recreational and medical marijuana legal in Indiana.
Ex-Indiana mayor stays free for appeal of bribery conviction
A former northwestern Indiana mayor is being allowed to stay out of prison while he appeals his conviction on bribery and tax evasion charges.
Student sues Noblesville High School, claiming school prohibited pro-life club
Alleging Noblesville High School prevented a freshman from organizing a pro-life club because the group’s “political agenda is not aligned with the administration’s agenda,” the student, her parents and her club, Noblesville Students for Life, have filed a lawsuit against the school and several faculty members for violating the rights of free speech and association.
Split justices eliminate proximity rule for emotional distress claims
A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.
Opinions Dec. 23, 2021
The following opinions were posted after IL deadline on Wednesday:
7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.
7th Circuit affirms for ruling collections company in credit information dispute
A collections company’s compliance procedures were reasonable and met the requirements of the Fair Credit Reporting Act in its pursuit of collecting from an Indiana woman, the 7th Circuit Court of Appeals has ruled.
Pendleton Heights Gay-Straight Alliance wins injunction for access to school resources
A central Indiana school district must give the local high school’s gay-straight alliance access to the same advertising and fundraising resources as other noncurricular organizations, a federal judge has ruled, issuing an injunction after finding a violation of the Equal Access Act.