Former Marion Superior Judge Moores certified as senior judge
| IL Staff
Longtime Marion County juvenile judge Marilyn Moores has been certified as a senior judge following her retirement last year.
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Local refugee organizations prepare to rebuild after Biden raises cap
Only 21 refugees have been resettled to Indiana so far this fiscal year, in the midst of a global pandemic and a historically low federal annual cap on the number of refugees allowed in the United States. On Monday, the Biden administration quadrupled that limit, from 15,000 to 62,500, effective May 15.
Supreme Court skeptical of low-level crack offender’s case
Crack cocaine trafficking kingpins convicted more than a decade ago can ask courts to reduce their prison terms under a 2018 federal law. The Supreme Court on Tuesday sounded skeptical that people convicted of older low-level crack crimes can do the same.
Judge orders Justice Department to release Trump obstruction memo
A federal judge has ordered the release of a legal memorandum the Trump-era Justice Department prepared for then-Attorney General William Barr before he announced his conclusion that President Donald Trump had not obstructed justice during the Russia investigation.
Holcomb vetoes bill that would cut power of local health officials
In another pushback against fellow Republicans, Gov. Eric Holcomb vetoed a bill on Tuesday that he said would have hampered the ability of local health officials to respond to emergencies.
Opinions May 4, 2021
Indiana Court of Appeals
National Collegiate Athletic Association v. Jennifer Finnerty, Individually and as Personal Representative of the Estate of Cullen Finnerty, and Carol Anderson, Individually, and as Personal Representative of the Estate of Neal Anderson, and Maura Solonoski, Individually, and as Attorney-In-Fact for Andrew Solonoski Jr.
20A-CT-1069
Civil tort. Dismisses the NCAA’s appeal of the denial of its protective order to quash the depositions of Mark Emmert, Donald Remy and Dr. Brian Hainline. Finds the NCAA’s repetitive motion for a protective order/motion to reconsider did not extend the time for an interlocutory appeal of the Marion Superior Court’s denial, so the appeal is untimely. Also finds there are no extraordinarily compelling reasons to consider the merits of the appeal. Judge Elizabeth Tavitas dissents with separate opinion.
Insurance covers in wrongful death truck crash, COA rules
An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.
Hospital indemnity claim against doctors subject to med-mal act, COA rules
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
HUD complaints allege racial bias in Indianapolis home appraisals
The Fair Housing Center of Central Indiana and Indianapolis resident Carlette Duffy have filed fair housing complaints with the U.S. Department of Housing & Urban Development, alleging Duffy’s home was appraised at a lower value because she is African American.
NCAA bid to shield executives from concussion suit depositions dismissed
Indianapolis-based NCAA’s appeal seeking to bar depositions of key executives in a concussion-injury lawsuit filed by the estates of former college football players was dismissed Tuesday. A divided Indiana Court of Appeals panel found the appeal untimely.
2 charged in dismemberment of Fort Wayne man appear in court
Two men charged in the death and dismemberment of a 55-year-old man requested public defenders during their initial court appearances Tuesday.
SCOTUS denies juvenile LWOP sentence appeal in 1994 Ball State murder
The United States Supreme Court waited exactly three years to reject the appeal petition of a defendant sentenced to life without parole for a murder he committed near Ball State University 27 years ago when he was 17.
Over Thomas’ dissent, SCOTUS rejects West Point rape appeal
The U.S. Supreme Court on Monday rejected an appeal from a woman who says she was raped as a West Point cadet, with Justice Clarence Thomas alone arguing that the court should have heard her case.
Attorney suspended 90 days after second domestic violence conviction
| IL Staff
A Logansport lawyer who was convicted for a second time of beating his wife will have his law license suspended for 90 days with automatic reinstatement, the Indiana Supreme Court has ruled.
Lawyer who sexted client draws 30-day suspension
| IL Staff
An Indianapolis attorney will serve a 30-day suspension for sending sexually explicit text messages to a client, the Indiana Supreme Court ordered.
Kids’ Voice formalizes $5.4 million CASA/GAL contract with Indianapolis
Kids’ Voice of Indiana has signed a contract with the city of Indianapolis to provide guardian ad litem and court appointed special advocate services to Marion Superior Courts through the end of 2023, with the nonprofit set to receive $5.4 million for the remainder of 2021.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
Opinions May 3, 2021
Indiana Court of Appeals
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
20A-CC-1643
Civil collection. Reverses the entry of partial summary judgment in favor of United States Steel Corp. on Service Steel Warehouse Co.’s mechanic’s lien foreclosure claim. Finds Indiana’s mechanic’s lien statute does not require on-site labor for subcontractor status, and the essential feature making one a subcontractor, rather than a material supplier, is the performance of a definite and substantial portion of the project’s prime contract. Also finds Service Steel’s mechanic’s lien is not barred by the supplier-to-supplier prohibition. Finally, finds the Lake Superior Court erred in granting summary judgment on favor of U.S. Steel. Remands for further proceedings.
Reversal erases partial judgment for U.S. Steel in mechanic’s lien dispute
A trial court erred in partially ruling for U.S. Steel in a dispute among material suppliers and contractors who built a now-defunct Gary industrial facility, the Indiana Court of Appeals held Monday.
Evansville lawyer on probation after OWI plea
| IL Staff
A longtime Evansville lawyer is on probation following his guilty plea several months ago to a charge of operating a vehicle while intoxicated.