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.
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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.
Steele appointed to St. Joe bench after lawsuit delayed selection process
| IL Staff
The South Bend city attorney has been selected to fill a vacancy on the St. Joseph Superior Court. Stephanie Steele will fill the seat vacated by now-Senior Judge Jane Woodward Miller, Gov. Eric Holcomb announced Wednesday.
Pence inks two-book deal, launches political advocacy group
Former Vice President Mike Pence has a book deal. His autobiography, currently untitled, is scheduled to come out in 2023. In addition, the former Indiana governor on Wednesday launched an advocacy group, Advancing American Freedom, which will promote the Trump administration’s record and could serve as a springboard for a Pence presidential run in 2024.
Notre Dame to require COVID-19 vaccinations for the fall
The University of Notre Dame says it will require all students to be fully vaccinated against COVID-19 for this year’s fall semester.
Number of kids alone at border hits all-time high in March
The U.S. government picked up nearly 19,000 children traveling alone across the Mexican border in March, authorities said Thursday, the largest monthly number ever recorded and a major test for President Joe Biden as he reverses many of his predecessor’s hardline immigration tactics.
Expert witness: George Floyd died from lack of oxygen
George Floyd died from a lack of oxygen, which damaged his brain and caused his heart to stop, a medical expert testified Thursday at former Minneapolis police Officer Derek Chauvin’s murder trial.
New murder trial affirmed for Elkhart man with mental disability
A man with a mental disability who has for years claimed he was wrongfully convicted of an Elkhart murder and who spent more than 15 years behind bars can proceed to a new trial after the Indiana Court of Appeals upheld a post-conviction relief order vacating his murder conviction.
Woman pleads guilty to striking Indianapolis protesters
An Indianapolis woman has pleaded guilty to criminal recklessness for driving her minivan into several people protesting the death of George Floyd last year.
Opinions April 7, 2021
Indiana Court of Appeals
Herco, LLC v. Auto-Owners Insurance Company
20A-PL-1682
Civil plenary. Affirms the grant of summary judgment in favor of Auto-Owners Insurance Company in a dispute with Homeowners’ Equity & Realty Corporation LLC. Finds HERCO’s second suit is barred by res judicata. Also finds HERCO could have raised its breach of contract and bad faith claims in the first suit in Lake Superior Court but chose not to do so.
Will dispute between siblings over family business assets remanded
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
COA rejects due process complaints, affirms probation revocation
A man claiming due process violations in the revocation of his probation will continue to serve his suspended sentence in prison after the Indiana Court of Appeals rejected his appeal.
Res judicata bars property owner’s insurance suit, COA rules
A trial court properly rejected a second lawsuit brought by a Gary property owner who had already sued its insurer for coverage in a previous case involving the same parties, losses and issues, the Indiana Court of Appeals ruled Wednesday.
LSC prepares another supplemental legal aid funding request
| IL Staff
Saying civil legal aid can help make the American Jobs Plan “work the way Congress intends,” the Legal Services Corp. is requesting supplement funding between $350 million and $500 million be included in the infrastructure package proposed by the Biden administration.