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Opinions April 19, 2021

April 19, 2021

Indiana Court of Appeals
Paul Poppe and Susan Poppe v. Angell Enterprises, Inc.
20A-CT-2211
Civil tort. Affirms the grant of summary judgment to Angell Enterprises Inc. on Paul and Susan Poppe’s negligence complaint. Finds Angell had no duty to protect the Poppes from being struck by an intoxicated driver. Also finds the Sullivan Superior Court did not err when it entered summary judgment for Angell.

COA: No duty owed to couple struck by drunk driver in grocery store parking lot

April 19, 2021 | Katie Stancombe

A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.

Kids’ Voice hopes to finalize contract with Child Advocates this week

April 19, 2021 | Marilyn Odendahl

Kids’ Voice of Indiana and Child Advocates are close to inking a deal after the city of Indianapolis announced it would be switching providers of the Guardian Ad Litem and CASA services for the Marion County juvenile court May 1.

JNC to interview candidates to succeed Kirsch on COA in May

April 19, 2021 | IL Staff

All 23 lawyers and judges who applied to succeed Judge James Kirsch on the Indiana Court of Appeals will be interviewed by the Indiana Judicial Nominating Commission next month.

After outcry, Biden plans to lift refugee cap in May

April 19, 2021 | Associated Press

President Joe Biden plans to lift his predecessor’s historically low cap on refugees by next month, after initially moving only to expand the eligibility criteria for resettlements and getting swift blowback from allies in return.

SCOTUS rejects lingering 2020 election challenge case

April 19, 2021 | Associated Press

The United States Supreme Court on Monday said it will not hear a case out of Pennsylvania related to the 2020 election, a case that had lingered while similar election challenges had already been rejected by the justices.

Mears: No red flag petition sought for FedEx shooter

April 19, 2021 | IL Staff

The gunman in Indianapolis’ deadliest-ever mass shooting was never the subject of a court proceeding under Indiana’s red flag law, the Marion County Prosecutor said, because the suspect agreed to surrender a shotgun to law enforcement over concerns that he could be a danger to himself or others.

Sikh community calls for gun reforms after FedEx shooting

April 19, 2021 | Associated Press

Members of Indianapolis’ tight-knit Sikh community joined with city officials to call for gun reforms Saturday as they mourned the deaths of four Sikhs who were among the eight people killed in a mass shooting at a FedEx warehouse.

Police: Texas man allegedly crashed Indiana State Police car

April 19, 2021 | Associated Press

A man wanted on a warrant in Texas allegedly stole and crashed an Indiana State Police car after a high-speed interstate chase, authorities said late Saturday.

‘Assault rifles’ used in FedEx shooting were purchased legally, police say

April 19, 2021 | Mickey Shuey, Indianapolis Business Journal

The man accused of killing eight people Thursday night at a FedEx Ground facility used two “assault rifles” purchased legally, police said Saturday.

Scrutiny grows over whether officials enforced ‘red flag’ law in case of FedEx shooter

April 19, 2021 | John Russell, Indianapolis Business Journal and Mickey Shuey, Indianapolis Business Journal

Questions are mounting in the wake of last week’s mass shooting at the FedEx Ground facility about whether Marion County authorities dropped the ball when it came to enforcing a state law designed to keep guns out of the hands of mentally unstable people.

Guitarist from Indiana first suspect to plead guilty in Capitol riot

April 16, 2021 | Associated Press and Indianapolis Business Journal Staff

A 53-year-old heavy metal guitarist from Columbus on Friday became the first defendant to plead guilty to federal charges in connection with the insurrection at the U.S. Capitol.

 

First quarter activity hints at rebound of law firm mergers

April 16, 2021 | Marilyn Odendahl

With the merger of Indiana’s Wooden McLaughlin and Dinsmore Shohl leading the more than two dozen law firm combinations that were announced in the first quarter of 2021, the new year is expected to bring a return of robust consolidation activity in the legal market.

Opinion April 16, 2021

April 16, 2021

Indiana Court of Appeals
Michael D. Wayne Fleming, III v. State of Indiana (mem. dec.)
20A-CR-935
Criminal. Affirms Michael Fleming III’s aggregate 85-year sentence for felony murder and Level 1 felony attempted murder. Finds the Madison Circuit Court did not abuse its sentencing discretion. Also finds Fleming’s sentence is not inappropriate in light of the nature of his offenses and his character.

‘Landmark’ juvenile justice bill awaiting governor’s signature

April 16, 2021 | Marilyn Odendahl

Indiana’s juvenile justice bill, which will implement key reforms and enable the state to retain federal funding, is headed to Gov. Eric Holcomb’s desk after the Senate unanimously concurred on the amended legislation earlier this week.

St. Joe JNC names new finalist to succeed Reagan after previous finalist appointed to bench

April 16, 2021 | IL Staff

A new finalist has been submitted to the governor to fill an upcoming vacancy on the St. Joseph Superior Court after a previous finalist was selected for a different judicial position.

FedEx workers are likely to suffer trauma, need support after mass shooting

April 16, 2021 | John Russell, Indianapolis Business Journal

What appears to be the deadliest workplace shooting in Indiana history is likely to cause a wide range of effects on surviving employees at the FedEx Ground Operations Center, from shock and confusion to grief and depression.

Justices to hear in-person arguments next week

April 16, 2021 | IL Staff

The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.

Marion Co. Prosecutor’s Office accepting petitions for wrongful conviction reviews

April 16, 2021 | IL Staff

The Marion County Prosecutor’s Office is officially accepting conviction review petitions as part of its new Conviction Integrity Unit.

IU names Pamela Whitten of Kennesaw State University new president

April 16, 2021 | Indianapolis Business Journal Staff

The Indiana University board of trustees voted Friday morning to name Pamela Whitten — the leader of fast-growing Kennesaw State University in Georgia — its 19th president, making her the first woman to lead the state’s largest university system.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

  • State judiciary is considering alternative exam for bar admission

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