Marion County sheriff’s deputy shoots man while serving warrant
A Marion County Sheriff’s Office deputy attempting to serve a warrant shot and injured a 30-year-old man who appeared to be unarmed, police said.
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White House issuing reports on states’ infrastructure needs
The Biden White House is amplifying the push for its $2.3 trillion infrastructure package with the release of state-by-state breakdowns that show the dire shape of roads, bridges, the power grid and housing affordability. Among them, the administration says there is a roughly 4-in-10 chance that a public transit vehicle in Indiana might be ready for the scrap yard.
Ramsey Clark, attorney general under Johnson, dies at 93
Ramsey Clark, the attorney general in the Johnson administration who became an outspoken activist for unpopular causes and a harsh critic of U.S. policy, has died. He was 93.
High court halts Calif. virus rules limiting home worship
The U.S. Supreme Court is telling California that it can’t enforce coronavirus-related restrictions that have limited home-based religious worship including Bible studies and prayer meetings.
Justices move to further discipline ex-Hamilton County judge
| IL Staff
A Hamilton County magistrate judge who was removed from the bench after he was convicted of meth possession resulting from a law enforcement sting operation faces additional discipline for an alleged violation of his professional probation.
Opinions April 9, 2021
Indiana Court of Appeals
Tanika Stewart v. State of Indiana
20A-CR-1809
Criminal. Affirms Tanika Stewart’s felony murder conviction. Finds Stewart’s challenge to the admission of State’s Exhibit 34, video surveillance footage, is waived, and the Vanderburgh Circuit Court did not abuse its discretion in admitting State’s Exhibits 43 through 45, also video footage, due to their quality. Also finds any error in the exclusion of witness Antonio Bushrod’s statements was harmless. Finally, finds the state presented sufficient evidence to rebut Stewart’s self-defense claim.
Lawmakers adopt penalties for failing to protect monuments
The Indiana Legislature passed a bill Thursday that allows the state to withhold funding to cities that fail to protect public monuments and memorials from vandalism, part of an attempt by Republican lawmakers to deter protests that have elevated since the death of George Floyd.
Calls to Indiana child abuse hotline down during pandemic
Calls to Indiana’s child abuse and neglect hotline fell by more than 10% last year compared to the previous two years, and an expert said that may reflect the isolation brought on by the COVID-19 pandemic.
COA affirms $245K judgment against brother in family farm dispute
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Appellate court upholds murder conviction despite woman’s self-defense claim
A woman convicted of murdering a man who had been harassing her at an Evansville house party failed to convince the Indiana Court of Appeals that she was acting in self-defense or that the trial court erred in making evidentiary decisions.
Kids’ Voice, Child Advocates in contract talks after report cited cost overruns
With just three weeks before its contract with the city of Indianapolis ends, Child Advocates is trying to negotiate a subcontract with Kids’ Voice so it can continue providing volunteers and staff to advocate for youngsters in Indiana’s child welfare system. Meanwhile, a report questioned longtime contractor Child Advocates’ cost overruns.
Judge upholds Indiana laws restricting wine deliveries
Indiana laws restricting the delivery of wine to consumers have been upheld by a federal judge who rejected constitutional challenges from an out-of-state retailer, in contrast to another recent ruling in a case challenging state alcohol licensing laws.
Indiana trooper accused of sexual battery while off duty
An Indiana state trooper was arrested Thursday and charged with sexual battery for an alleged incident while he was off duty in February, state police said.
Indiana Legislature OKs religious activities as essential
The Indiana Senate approved a bill Thursday that designates religious activities as essential services and prohibits any restrictions on them during a declared emergency.
Indiana panel drops contentious requirement from voting bill
A legislative committee has overhauled a contentious proposal to require Indiana voters to submit identification numbers with mail-in ballot applications.
GOP-led states lose bid to challenge immigration rule
A federal appeals court in California refused Thursday to permit 14 states led by Republican governors to challenge the overturning of a Trump-era immigration rule affecting hundreds of thousands of people. A panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 against permitting intervention by the states, including Indiana.
Opinions April 8, 2021
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
David Branscomb and Tammy Branscomb v. Wal-Mart Stores East, L.P. and James Clark
20S-CQ-515
Certified question. Answers a certified question from the U.S. District Court for the Northern District of Indiana and holds that when there are no allegations that a store manager controlled the premises where alleged harm occurred, he or she cannot be held liable under Indiana law. Finds plaintiffs David and Tammy Branscomb cannot recover from store manager James Clark based on their failure to properly hire, train and supervise claim, their failure to have and/or implement proper safety policies and procedures claim, or their failure to inspect and maintain the property claim.
Judgment for state against insurer in Lawrenceburg official’s theft reversed
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Store managers not involved in customer injuries not liable for negligence, justices rule
In answering a certified question from a federal judge, the Indiana Supreme Court held Wednesday that store managers who are not directly involved in a patron’s injury on store property cannot be held liable for negligence under Indiana law.
Denial of grandparental visitation reversed in ‘unusual circumstances’
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.