New York relatives lose appeal to adopt Madison Co. kids
Two Madison County minors will remain in the custody of their grandparents after out-of-state relatives failed in their appeal of an adverse judgment in their adoption case.
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Resisting convictions overturned for evidentiary errors
A man convicted of two counts of resisting law enforcement has won a reversal after the Indiana Court of Appeals found that certain evidence admitted at trial constituted reversible error.
COA affirms criminal recklessness conviction after woman shot neighbor’s home
An Evansville woman who took several shots at her ex-friend’s home in the middle of the night could not convince the Indiana Court of Appeals that her conduct wasn’t criminal recklessness.
Supreme Court justice won’t block college vaccine mandate
Supreme Court Justice Amy Coney Barrett on Thursday refused to block a plan by Indiana University to require students and employees to get vaccinated against COVID-19.
Census data sets up redistricting fight over growing suburbs
The once-a-decade battle over redistricting is set to be a showdown over the suburbs, as new census data released Thursday showed rapid growth around the some of the nation’s largest cities and shrinking population in many rural counties.
Census shows many rural Indiana counties lost population
More than half of Indiana’s counties lost population during the last decade, according to U.S. Census figures released Thursday showing the state’s growth around Indianapolis and its other largest cities.
Former Roncalli counselor to appeal ruling for Archdiocese to 7th Circuit
Lynn Starkey, the Roncalli High School counselor who was fired for being in a same-sex marriage, is planning to appeal Wednesday’s ruling in federal court that found the ministerial exception barred her discrimination claims.
Opinions Aug. 12, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:
Reid Hospital and Health Care Services, Inc. v. Conifer Revenue Cycle Solutions, LLC
20-1735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.
Civil. Reserves grant of summary judgment to Conifer Revenue Cycle Solutions. Finds Conifer’s arguments are in conflict with the tailored language of the contract with Reid Hospital, which includes a glossary of 66 contract-specific terms. Rules the contract does not define all lost revenue as indirect or consequential so Reid Hospital can seek to recover damages. Holds whatever the parties meant by “willful misconduct,” a jury could find that at least some of Conifer’s assumed breaches amounted to willful misconduct.
COA: No error in detaining teen during competency restoration after attacks on mom
A Marion County court wasn’t in the wrong when it ordered a teenage girl to be detained while she received competency restoration services following numerous acts of domestic battery and criminal recklessness against her mom, the Indiana Court of Appeals has ruled.
7th Circuit revives Reid Hospital’s breach of contract dispute
The 7th Circuit Court of Appeals has overturned summary judgment against Reid Hospital, finding the custom-tailored language in a contract the health care provider signed with an outside vendor for billing and collection services makes clear the parties did not intend insulate the vendor entirely from damages.
COA: Search warrant not defective, but drug possession conviction reversed on double jeopardy
A search warrant that led to dealing and methamphetamine use convictions for a DeKalb County man was not defective, the Indiana Court of Appeals has ruled. But one of his convictions was reversed on double jeopardy grounds.
Indiana man gets 45 years in teen’s attempted robbery death
A northern Indiana man has been sentenced to 45 years in prison for an attempted robbery in which a 16-year-old boy who was his accomplice was fatally shot by their intended victim.
Indiana officials appealing decision against abortion laws
The Indiana attorney general’s office has started an appeal of a federal judge’s ruling that several state laws restricting abortion are unconstitutional, including the state’s ban on telemedicine consultations between doctors and women seeking abortions.
Molter selected to succeed Kirsch on COA
| IL Staff
Derek Molter, leader of Ice Miller’s appellate practice, has been chosen as the newest Indiana Court of Appeals judge, Gov. Eric Holcomb announced in a special ceremony Thursday morning.
Indianapolis officer among 3 hurt in shooting; suspect dead
Three people including a police officer were wounded and a suspect was dead in a shooting connected to a reported domestic disturbance in Indianapolis, authorities said.
Indiana lawmakers head to next step in redistricting after hours of initial public testimony
Lawmakers heard more than two hours of testimony Wednesday at the Indiana Statehouse from citizens who spent most of their time asking for a fair redistricting process.
Court rules for Roncalli in lawsuit brought by fired counselor in same-sex marriage
| IL Staff
Roncalli High School has won a victory in its legal battle with a former guidance counselor who raised discrimination claims after she was fired for being in a same-sex marriage. A federal judge ruled Wednesday that the counselor’s claims against the Indianapolis Catholic high school are barred by the First Amendment’s ministerial exception.
NW Indiana businessman gets 54 months in embezzlement scheme
A northwest Indiana businessman who pleaded guilty to embezzling more than $300,000 from two medical companies has been sentenced to 4½ years in prison.
Opinions Aug. 11, 2021
Indiana Court of Appeals
Adam Craig Thomas v. Amy Thomas (mem. dec.)
20A-DR-900
Domestic relations. Affirms and reverses in part the Allen Superior Court’s decree of dissolution for Adam and Amy Thomas. Finds the trial court did not err in awarding Amy sole legal custody. Also finds the trial court did not err in the division of marital property, except for considering Adam’s Dupont distributions as both income for purposes of determining his child support payments as set forth in its provisional order and later property for purposes of dividing the marital estate, and remands for reconsideration of distributions from Lithotripsy of Northern Indiana LLC. Finally, finds the trial court abused its discretion by allowing Amy to offset the entirety of the au pair costs but otherwise did not err in its rulings on child support. Remands for the trial court to reconsider the costs related only to child care while Amy works.
Justices to consider whether independent physician liability extends to nonhospitals
| IL Staff
The Indiana Supreme Court has agreed to consider the question of whether the same liability hospitals hold for independent-contractor physicians can be extended to nonhospital facilities.