Evansville woman gets probation for absentee ballot charge
An Evansville Democratic Party activist has been sentenced to probation for sending illegally pre-marked mailings to voters ahead of the 2020 primary elections.
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Federal executions halted; Garland orders protocols reviewed
The Justice Department is halting federal executions after a historic use of capital punishment by the Trump administration, which carried out 13 executions in six months.
Unusually agreeable justices end term with conservative wins
An unusually agreeable Supreme Court term ended with conservative-driven decisions on voting rights and charitable-donor disclosures that offered a glimpse of what the coming years of the right’s dominance could look like for the nation’s highest court.
COA tightens deadline in enhanced unemployment benefits dispute
The Indiana Court of Appeals is allowing the state to proceed with its attempt to overturn a Marion Superior Court ruling reinstating enhanced unemployment benefits and is moving to expedite when it will issue a ruling in the matter.
Opinions July 1, 2021
The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Kevin Charles Isom v. State of Indiana
45S00-1508-PD-00508
Post conviction. Affirms the post-conviction court’s judgment against Kevin Isom. Finds the post-conviction court was correct to hold Isom to his burden of presenting developed legal theories and establishing the grounds for relief. Finds Isom has not established that the post-conviction court erred on multiple grounds, including in denying his renewed motion for a competency hearing; denying his discovery request for the State’s lethal-injection protocol and finding execution-validity challenge waived; denying his discovery request for juror contact information and finding issue waived; limiting the testimony of two expert witnesses; and finding his challenge to his petition’s filing date waived.
Southern District again offering training on representing domestic violence victims
| IL Staff
Lawyers interested in receiving training on modest means and pro bono representation of domestic violence victims will be offered a virtual training session hosted by the U.S. District Court for the Southern District of Indiana in August.
Justices affirm denial of PCR for Gary man on death row
The Indiana Supreme Court has denied a final request for relief sought by a man facing the death penalty for the murder of his wife and stepchildren nearly 15 years ago.
Beech Grove man charged with setting Amtrak buildings on fire
| IL Staff
A man accused of setting two buildings on fire at the Amtrak facility in Beech Grove last month was arrested Monday on federal criminal charges.
Judge blocks new Indiana law aimed at teachers unions
Part of a new Indiana law requiring teachers to renew requests every year for automatic paycheck deduction of union dues has been temporarily blocked by a federal judge.
Governor extends Indiana’s COVID-19 emergency through July
Indiana’s COVID-19 precautions further eased Thursday under new executive orders issued by the governor, even as he cited worries about the state’s lagging vaccination rate.
Supreme Court upholds Arizona voting restrictions
The Supreme Court on Thursday upheld voting restrictions in Arizona in a decision that could make it harder to challenge other voting measures put in place by Republican lawmakers following last year’s elections.
High court: California can’t collect charity top donor names
The Supreme Court on Thursday ordered California to stop collecting the names and addresses of top donors to charities.
Appeal seeks to let Indiana quit federal jobless programs
Attorneys for the state argue that Indiana’s economic recovery will “suffer irreparable harm” unless an appeals court overturns a judge’s order that the state must continue the federal government’s pandemic unemployment benefits programs.
Lake Co. father of drowned brothers receives 16-year prison sentence
A 16-year prison sentence was handed Wednesday to a northwest Indiana man who pleaded guilty to two counts of neglect of a dependent resulting in serious bodily injury in the drownings of his two sons.
Former Eli Lilly lobbyist drops sex discrimination lawsuit
A former Washington, D.C., lobbyist for Eli Lilly and Co. has dropped her complaint against the Indianapolis-based drugmaker, in which she had claimed a top executive made sexist comments about her, mocked her physical appearance and subjected her and other women to a hostile work environment.
Indiana FSSA chief Jennifer Sullivan takes out-of-state job
Dr. Jennifer Sullivan is stepping down as leader of the Indiana Family and Social Services Administration and deputy state health commissioner to take a job in North Carolina. Gov. Eric Holcomb named Dr. Dan Rusyniak, FSSA’s chief medical officer, as the new secretary, effective Aug. 1.
Former Defense Secretary Donald Rumsfeld dies at 88
Donald Rumsfeld, the two-time defense secretary and one-time presidential candidate whose reputation as a skilled bureaucrat and visionary of a modern U.S. military was unraveled by the long and costly Iraq war, died Tuesday. He was 88.
Federal judge blocks ‘abortion reversal’ disclosure requirement
| IL Staff
A federal judge has blocked a new Indiana law that would have required abortion providers to inform patients about the possibility of “reversing” a medication abortion. The Wednesday ruling prevents House Enrolled Act 1577 from taking effect tomorrow as scheduled.
Opinions June 30, 2021
Indiana Supreme Court
Jeffrey B. Cutchin v. Amy L. Beard
21S-CQ-48
Certified question. Finds the Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health care provider treated someone else negligently and that the negligent treatment injured the plaintiff. Declines to answer the question of whether the act prohibits the Patient’s Compensation Fund from contesting the act’s applicability to a claim after the claimant concludes a court-approved settlement with a covered health care provider. Justice Steven David concurs in result with separate opinion.
7th Circuit upholds competency finding in ‘zig-zag’ weapons case
The 7th Circuit Court of Appeals has upheld a finding that a defendant facing a weapons charge was competent to stand trial despite defense counsel’s insistence to the contrary.