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Opinions Dec. 6, 2021

Court of Appeals of Indiana
Roy Michael Johnson v. Samantha A. Johnson
21A-DN-1003
Domestic relations no children. Affirms in part and reverses in part the Hancock Circuit Court’s dissolution of marriage for Roy Johnson and Samantha Johnson. Remands with instructions for the trial court to remove the husband’s accumulated leave from the marital pot, award the wife all of the husband’s pension’s survivor benefits, clarify whether it is awarding Samantha attorney fees, and recalculate and re-determine a just and reasonable division of the marital estate. Finds the trial court clearly erred by including Roy’s accumulated leave in the marital pot but did not err by excluding the college loans executed after the date of filing. Also finds no abuse of discretion in determining that an unequal division of the marital estate in Samantha’s favor was just and reasonable.

COA reinstates landlords’ tort claims against Hammond

| Jordan Morey

A lawsuit against the city of Hammond brought by a group of corporate property landlords has been reinstated after the Court of Appeals of Indiana found the Lake Superior Court erred when it ruled their tort claims were filed in an untimely manner.

Marion County prosecutor drops death penalty for man accused of murdering Southport police officer

| Marilyn Odendahl

The Indianapolis man accused of killing a Southport police officer is no longer facing the death penalty after the Marion Superior Court accepted an agreement Friday reached by defense attorneys and the Marion County Prosecutor’s Office, which dropped the potential for capital punishment in exchange for a bench trial that could result in the defendant being sentenced to life in prison.

Opinions Dec. 3, 2021

Court of Appeals of Indiana
Jennifer Reinoehl and Jason Reinoehl v. St. Joseph County Health Department, Dr. Robert M. Einterz, Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation
21A-CT-433
Civil tort. Affirms the St. Joseph Circuit Court’s dismissal of Jennifer and Jason Reinoehl’s lawsuit filed against the St. Joseph County Health Department, health officers Dr. Robert M. Einterz and Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation. Finds the trial court did not err in dismissing the Reinoehls’ numerous claims.

Trump faces flurry of investigations beyond Jan. 6 probe

| Associated Press

As Donald Trump’s lawyers try to block the White House from releasing records to the congressional committee investigating the Jan. 6 Capitol insurrection, the former president faces a flurry of other investigations that could come to a head in the coming weeks and the new year.

Senate passes stopgap funding bill, avoiding shutdown

| Associated Press

The Senate has passed a stopgap spending bill that avoids a short-term shutdown and funds the federal government through Feb. 18, after leaders defused a partisan standoff over federal vaccine mandates. The measure now goes to President Joe Biden to be signed into law.

Opinions Dec. 2, 2021

Court of Appeals of Indiana
Auto-Owners Insurance Company v. Zachary Shipley
21A-CT-761
Civil tort. Affirms the Marion Superior Court’s denial of summary judgment to Auto-Owners Insurance Company on the issue of underinsured-motorist overage sought by Zachary Shipley. Finds Shipley is entitled to underinsured-motorist benefits after a runaway tire struck him on the job because he was using his roadside-assistance vehicle exactly as it is intended. Concludes that Shipley was using the van “as an auto.”