Man charged in September triple slaying in Boone Co.
A central Indiana man has been charged with murder in the September slayings of three people found shot to death inside a Lebanon apartment, authorities said.
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Judge: Texas abortion law’s enforcement mechanism not valid
A Texas judge said Thursday the enforcement mechanism behind the nation’s strictest abortion law — which rewards lawsuits against violators by awarding judgments of $10,000 — is unconstitutional in a narrow ruling that still leaves a near-total ban on abortions in place.
Court rejects Trump’s efforts to keep records from 1/6 panel
A federal appeals court ruled Thursday against an effort by former President Donald Trump to shield documents from the House committee investigating the Jan. 6 insurrection at the Capitol.
Pew study finds benefits, problems with virtual courts
Virtual hearings have been touted as providing easier access to the courts for low-income and self-represented litigants. But in a recent study, The Pew Charitable Trusts concluded the online judicial system is still designed for lawyers, and those parties without attorneys continue to be at a disadvantage.
COA to hear oral arguments in medical privacy case for second time
| IL Staff
A Lake County lawsuit alleging medical privacy violations when a dog groomer’s X-rays were shared in her workplace after her boss’s husband accessed them is heading back to the Court of Appeals of Indiana for arguments next week.
Problems getting computer chips short circuits Marion County courts’ move to new justice campus
Supply chain issues are forcing Marion County courts to delay their move to the new Community Justice Campus until mid-February, according to an updated timeline of the relocation process.
COA reverses possession conviction, finds Drugs.com not admissible as drug identification
A man convicted on multiple drug charges has secured a partial reversal after the Court of Appeals of Indiana determined that evidence obtained from a drug information website was inadmissible at his trial.
Opinions Dec. 9, 2021
Court of Appeals of Indiana
Dwayne Keith Washington v. State of Indiana
21A-CR-997
Criminal. Reverses Dwayne Keith Washington’s conviction for Class A misdemeanor possession of a schedule II controlled substance following a jury trial. Finds that the market reports exception to hearsay under Evidence Rule 803(17) does not apply to allow the admission of evidence from Drugs.com that was used to convict Washington. Also finds the Vigo Superior Court abused its discretion when it admitted the evidence purporting to show that the pills in Washington’s possession were hydrocodone based on the description on Drugs.com. Finally, finds the state presented no other evidence to show that the pills possessed by Washington were a controlled substance.
Indiana Sen. Braun backs businesses setting vaccine rules
An Indiana senator heading a congressional fight against President Joe Biden’s proposed federal COVID-19 vaccine mandates said Wednesday he was against state-level efforts to block businesses from imposing their own workplace vaccination requirements.
Judge declares mistrial in case of pastor’s wife’s slaying
A judge declared a mistrial in the case of a man charged in the fatal 2015 shooting of an Indianapolis pastor’s wife after learning some jurors knew she had been pregnant — a fact defense attorneys had successfully moved to keep from the jury.
New tips sought in Indiana probe of 2 teen girls’ killings
Police investigating the unsolved slayings of two teenage girls killed during a 2017 hiking trip in Delphi are seeking information from people who had contact with someone who used a fictitious online profile to communicate with young girls.
Preliminary hearing for 3 charged in duck boat accident that killed 9 Indy residents
Three men charged after a tourist boat sank in Missouri during a 2018 storm, killing 17 people, were in court Wednesday for a preliminary hearing to determine if the criminal case against them will proceed.
Court suggests religious schools OK to get Maine tuition aid
The Supreme Court appeared ready Wednesday to rule that religious schools can’t be excluded from a Maine program that offers tuition aid for private education, a decision that could ease religious organizations’ access to taxpayer money.
Meadows sues as Jan. 6 panel proceeds with contempt case
Former Trump White House chief of staff Mark Meadows on Wednesday sued the House committee investigating the Jan. 6 Capitol insurrection as the chairman of the panel pledged to move forward with contempt charges against him for defying a subpoena.
Ex-hospital employee’s unauthorized access to patient info leaves genuine questions of fact, COA rules
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.
12/10 – 2021 “Talk-To-A-Lawyer-Today” CLE – Video Replay (webinar)
Topics and speakers: Medicaid & Guardianships (1.0 CLE) / Rebecca Geyer, Rebecca Geyer & Associates, PC Real Estate: Adverse Possession, Land Contracts & Mobile Home Issues (1.0 CLE) / Judy Fox, Notre Dame Clinical Law Center Bankruptcy and Consumer Debt (1.0 CLE) / Jason Mizzell, Kroger Gardis & Regas, LLP Advising an Interested Party in a CHINS Case […]
Opinions Dec. 8, 2021
The following Indiana Supreme Court opinion was posted Dec. 6:
Paul Michael Wilkes v. Celadon Group, Inc., et al
19S-CT-564
Civil tort. Affirms the Marion Superior Court’s entry of judgment for Celadon and Cummins defendants and against Paul Michael Wilkes. Adopts the 4th Circuit Court of Appeals’ “Savage rule,” which holds that carriers have the primary duty for loading and securing cargo. Applying the Savage rule, finds the trial court was correct in granting summary judgment for the shipper and its agent and against the driver. Justice Christopher Goff concurs in part and dissents in part with separate opinion, joined by Justice Steven David.
Judge blocks Biden vaccine mandate for federal contractors
A federal judge on Tuesday blocked President Joe Biden’s administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, the latest in a string of victories for Republican-led states pushing back against Biden’s pandemic policies.
Appellate court affirms dismissal of contractor’s counterclaims after use of fraudulent docs
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
Supreme Court adopts Savage rule, finds Celadon not liable for driver injury
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.