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Teen faces 6 murder counts in shootings at Indianapolis home

January 29, 2021 | Associated Press

A 17-year-old Indianapolis boy accused of fatally shooting his father, stepmother, two teenage relatives and a heavily pregnant 19-year-old woman was charged with six counts of murder Thursday, according to a prosecutor and court documents.

ISBA fights legislation to end retention votes, ‘politicize’ appellate bench

January 28, 2021 | Dave Stafford

A measure that would strip Hoosier voters of the power to retain appellate judges and Supreme Court justices — transferring that authority to the Legislature — has drawn fire from the Indiana State Bar Association, which warned the proposal would politicize the appellate bench and threaten the independence of the judiciary.

Opinions Jan. 28, 2020

January 28, 2021

Indiana Supreme Court
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
20S-PL-618
Civil plenary. Affirms the grant of summary judgment in Parke Circuit Court to BigInch Fabricators & Construction Holding Company Inc. Finds there is no blanket rule prohibiting agreements that call for open-market concepts to apply to compulsory, closed-market transactions. Also finds that the shareholder’s agreement’s valuation term clearly contemplates a fair market valuation of Blake Hartman’s shares in BigInch, so a third-party appraiser could apply minority and marketability discounts.

Justices rule for company in dispute with ex-officer over share value

January 28, 2021 | Olivia Covington

A dispute over the valuation of shares has been resolved in favor of a company after the Indiana Supreme Court upheld the discounts that were applied to the valuation. The former company partner who sued previously won a Court of Appeals ruling that increased the value of his shares by more than $1 million.

COA reverses ruling for INDOT, allows negligence case to proceed

January 28, 2021 | Olivia Covington

Summary judgment for the state on a negligence claim brought by an injured motorist has been reversed after the Indiana Court of Appeals rejected an immunity claim and found that material factual issues remain.

Firearm delinquency adjudication overturned for insufficient evidence

January 28, 2021 | Olivia Covington

The Indiana Court of Appeals has reversed a delinquency adjudication after determining there was insufficient evidence to prove that a teenager illegally possessed a handgun.

COA affirms for general contractor in Lake County traffic construction dispute

January 28, 2021 | Katie Stancombe

A panel of the Indiana Court of Appeals has affirmed judgment for a construction company against its subcontractor after a negligence suit was brought against it following an accident that took place in a Lake County traffic pattern the companies were working on.

COA upholds murder, battery convictions under previous, new double jeopardy precedent

January 28, 2021 | Olivia Covington

A man convicted of murder and battery related to the same incident failed in his double jeopardy argument before the Indiana Court of Appeals, which analyzed both previous caselaw and new double-jeopardy precedent to uphold his convictions.

Tax Court allows motor carriers’ refund case to proceed

January 28, 2021 | Olivia Covington

Three motor carriers can proceed with their claims for a tax refund from the state, the Indiana Tax Court has ruled.

Judge James Kirsch announces retirement from Indiana Court of Appeals

January 28, 2021 | IL Staff

Veteran Indiana Court of Appeals Judge James Kirsch announced Thursday he will retire this fall, capping a quarter-century on the state’s appellate court bench. Kirsch said in a statement he will continue to serve as a senior judge.

Virus aid package tests whether Biden, Congress can deliver

January 28, 2021 | Associated Press

More than a sweeping national rescue plan, President Joe Biden’s $1.9 trillion COVID-19 relief package  presents a first political test — of his new administration, of Democratic control of Congress and of the role of Republicans in a post-Trump political landscape.

New Biden health care orders begin to unspool Trump policies

January 28, 2021 | Associated Press

President Joe Biden will act Thursday to get more people health insurance in the middle of the raging coronavirus pandemic, a down payment on his pledge to push the U.S. toward coverage for all.

Feds withheld info on virus cases after Terre Haute executions

January 28, 2021 | Associated Press

At least two journalists tested positive for coronavirus after witnessing the Trump administration’s final three federal executions, but the Bureau of Prisons knowingly withheld the diagnoses from other media witnesses and did not perform any contact tracing, The Associated Press has learned.

 

Holcomb relaxing coronavirus limits on crowd sizes

January 28, 2021 | Associated Press

Indiana’s crowd size limits will be relaxed starting next week after recent improvements in the statewide COVID-19 infection and hospitalization rates, the governor announced Wednesday.

 

Woman’s PI suit against state after hydroplane crash divides appeals panel

January 27, 2021 | Dave Stafford

A woman who sued the Indiana Department of Transportation after she was injured in a crash resulting from her vehicle hydroplaning on a northern Indiana highway cannot pursue her lawsuit against the state, a majority of the Indiana Court of Appeals ruled Wednesday. A dissenting judge, however, would reverse and send the matter back to the trial court to hear her claims.

Opinions Jan. 27, 2020

January 27, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday: Rodriquez Anderson v. State of Indiana
21S-CR-28
Criminal. Grants transfer and summarily affirms the Indiana Court of Appeals’ decision remanding Rodriquez Anderson’s sentence to the Clark Circuit Court to correct the improper one-year sentence imposed for his conviction of Class B misdemeanor possession of marijuana, concurrent to his 25-year sentence for conviction of Level 2 felony conspiracy to deal methamphetamine. Rejects Anderson’s claim that he was improperly denied a speedy trial because counsel had been appointed at the time Anderson made his pro se request, so the trial court acted within its discretion in denying the request.

Reversal: Court erred in CHINS findings, placing kids in foster care

January 27, 2021 | Dave Stafford

An out-of-state father whose children were placed in foster care after one of them was injured during a domestic dispute between their mother and her boyfriend was wrongly denied an opportunity to parent his children, the Indiana Court of Appeals ruled Wednesday.

COA affirms PCR denial after home explosion

January 27, 2021 | Olivia Covington

A Dearborn County man who detonated a homemade bomb in his own home failed to prevail on his appellate claims for post-conviction relief.

Supreme Court adopts COA ruling, remands to correct improper sentence

January 27, 2021 | Dave Stafford

The Indiana Supreme Court on Tuesday summarily affirmed a Court of Appeals decision remanding an improper sentence imposed in a drug case but rejected a convict’s argument that he was wrongly denied his request for a speedy trial.

Despite human trafficking victimization, woman’s 14-year sentence upheld on appeal

January 27, 2021 | Olivia Covington

Despite the trial court’s erroneous failure to consider a woman’s history as a victim of human trafficking, her 14-year sentence on felony charges is not inappropriate, the Indiana Court of Appeals has ruled.

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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

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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