Tax Court allows motor carriers’ refund case to proceed
Three motor carriers can proceed with their claims for a tax refund from the state, the Indiana Tax Court has ruled.
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Judge James Kirsch announces retirement from Indiana Court of Appeals
| 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
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
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
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
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
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
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
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
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
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
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.
COVID liability immunity bills advance, but questions of scope remain
Legislation in the Indiana Senate that would protect businesses from COVID-related liability is one step closer to becoming law, having reached the full Senate floor for a successful vote on an amendment offered by the bill’s author. Meanwhile, companion legislation in the Indiana House passed out of committee this week.
Biden to reopen ‘Obamacare’ markets for COVID-19 relief
Fulfilling a campaign promise, President Joe Biden plans to reopen the HealthCare.gov insurance markets for a special sign-up opportunity geared to people needing coverage in the coronavirus pandemic.
250 Indiana Guard troops remaining in Washington until March
About 250 Indiana National Guard soldiers are expected to remain in Washington for about two more months after being sent there to help with security for President Joe Biden’s inauguration, officials said Tuesday.
2 more Indiana men face federal charges in Capitol riot
Two more central Indiana men face federal charges stemming from the deadly Jan. 6 riot at the U.S. Capitol building, court documents say.
Biden pick for transportation, Buttigieg, advances in Senate
A Senate panel on Wednesday easily advanced President Joe Biden’s nomination of former South Bend Mayor Pete Buttigieg to be transportation secretary, setting up a final confirmation vote for a key role in Biden’s push to rebuild the nation’s infrastructure and confront climate change.
Opinions Jan. 26, 2020
Indiana Court of Appeals
Jeffrey Thomas Maxwell v. Shirley Sue Maxwell
20A-DR-869
Domestic relations. Reverses in part the order dividing marital property between Jeffrey and Shirley Maxwell. Finds that assigning the tax burden related to Jeffrey’s pension to Jeffrey alone has the result of significantly altering the Hancock Circuit Court’s intended 60/40 apportionment. Also finds Jeffrey is free to pay off the equalization payment more quickly than the $500 per month order and thereby incur less in interest. Remands for clarification regarding the division of Jeffrey’s military pension, and for the trial court to consider the tax consequences of its disposition and to redetermine the amount of the equalization payment. Judge Nancy Vaidik concurs and dissents in part with separate opinion.
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
Suspect in IMPD officer’s slaying to face death penalty
| IL Staff
The man accused of fatally shooting an Indianapolis Metropolitan Police Department officer will face a potential death sentence, the Marion County Prosecutor’s Office announced Tuesday.