Committee endorses new Hamilton County court, magistrates for 3 counties
Four Indiana counties are one step closer to adding judicial officers or a new court after winning the approval of a legislative committee.
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Opinions Jan. 13, 2020
The following Indiana Tax Court opinion was posted after IL deadline Tuesday:
Elkhart County Assessor v. E R Carpenter Company, Inc.
20T-TA-3
Tax. Reverses the final determination of the Indiana Board of Tax Review establishing the values of E.R. Carpenter Co. Inc.’s real property for the 2012, 2015, 2016 and 2017 tax years. Finds the board’s excess office space adjustments were unsupported by substantial evidence and are arbitrary and capricious. Also finds the board must deal with evidence related to Parcel 3 in a meaningful way. Remands for the board to weigh the competing evidence regarding the value of Parcel 3, adjust the assessor’s 2012 and 2016 cost approach valuations accordingly, then apply the predetermined formula to the newly adjusted 2016 cost approach valuation for purposes of the 2015 and 2017 tax years.
Tax Court remands valuation of Elkhart property
The Indiana Board of Tax Review must revisit its valuations of land owned by a northern Indiana manufacturer, the Indiana Tax Court has ruled.
Bill that would bar Indiana employers from requiring vaccinations sparks heated debate
A bill that would prohibit Indiana employers from requiring workers to get immunizations against COVID-19 or any other disease generated heated discussion Wednesday morning, reviving a debate over where to draw the line between public health and personal freedom.
On rehearing, appellate court reaffirms ruling against animal shelter
An Indianapolis animal shelter still must face a negligence lawsuit from a family whose daughter was mauled by an adopted dog after the Indiana Court of Appeals reaffirmed its reversal of summary judgment for the shelter on Wednesday. The appellate court granted rehearing for the limited purpose of clarifying the issues of fact that preclude summary judgment.
Mother’s voluntary termination of rights reversed for lack of advisement
A Henry County mother will get the opportunity to challenge the voluntary relinquishment of her parental rights after the Indiana Court of Appeals found that she was not given a proper advisement before signing a relinquishment form.
Indiana deans sign letter calling attack on Capitol a betrayal
| IL Staff
The deans of two Indiana Law Schools have joined more than 150 of their colleagues from around the country in denouncing last week’s attack on the U.S. Capitol as a betrayal of the Constitution’s core values.
Indiana makes those 70 and older eligible for COVID-19 vaccinations
The Indiana State Department of Health on Wednesday said residents age 70 and older can now schedule COVID-19 vaccinations.
Holcomb’s budget proposal calls for increases in funding for K-12, higher ed
Indiana Gov. Eric Holcomb’s budget proposal for the next two years calls for increases to funding for K-12, higher education and broadband internet.
Trump’s Republican wall eroding ahead of impeachment vote
With a sudden force, the wall of Republican support that has enabled Donald Trump to weather a seemingly endless series of crises is beginning to erode as the House begins impeachment proceedings for an unprecedented second time against a sitting president.
New American Bar Foundation study details decline of jury trials
| IL Staff
Fewer than one in 100 civil matters are decided by juries and less than 4% of criminal cases are, a new study from the American Bar Foundation reports, even as lawyers and judges agree that jury trials tend to be fairer than many alternatives.
FBI: Suspect targeted Indiana 7th Circuit Judge Hamilton, Rep. Carson
| Associated Press and IL Staff
An Alabama man arrested near the U.S. Capitol after the rioting had a truckload of weapons, including components for 11 explosive devices, guns, smoke devices and machetes, along with a note containing information about an Indiana federal appellate judge and member of Congress from Indianapolis, prosecutors wrote in court documents Tuesday.
FBI, pursuing sedition charges, says it warned about prospect of Capitol riot
The FBI warned law enforcement agencies ahead of last week’s breach of the US Capitol about the potential for extremist-driven violence, federal officials said, contradicting earlier statements that they were caught off guard by the assault by supporters of President Donald Trump.
US executes first woman since 1953
| Associated Press and IL Staff
A Kansas woman who briefly won a reprieve earlier this week from an Indiana federal judge was executed early Wednesday morning in Terre Haute for strangling an expectant mother in Missouri and cutting the baby from her womb. It was the first time in nearly seven decades that the U.S. government has put to death a female inmate.
Rush scraps live State of the Judiciary, will offer video message due to COVID-19
| IL Staff
The annual State of the Judiciary address will not be delivered in person to the Indiana General Assembly this year due to COVID-19, the Indiana Supreme Court has announced. Instead, Indiana Chief Justice Loretta Rush will submit a written report and video message.
Opinions Jan. 12, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Dustin John Higgs v. T.J. Watson, Warden
20-2129
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the dismissal of Dustin Higgs’ petition for habeas relief. Finds that Higgs’ challenge to his firearms convictions under United States v. Davis is not cognizable under 28 U.S.C. § 2241.
Kidnapper who brutalized, ransomed woman gets convictions reduced but sentence stands
A man convicted in a violent kidnapping scheme successfully had two of his felony convictions overturned on double jeopardy grounds, though the Indiana Court of Appeals declined on Tuesday to find an abuse of discretion in the consecutive sentences he received.
Summary judgment for cemetery affirmed after parents’ fall
A couple injured while visiting their daughter’s grave will not be able to reinstate their negligence action against the cemetery where their daughter is interred after the Indiana Court of Appeals upheld summary judgment for the cemetery.
Law enforcement reform bill easily advances in Indiana House
A law enforcement reform bill that appears to have wide support from policing agencies and minority groups is advancing to the Indiana House floor. The House Courts and Criminal Code Committee unanimously advanced the measure on Tuesday morning.
Murder, robbery convictions upheld despite contested dying declaration
A man sentenced to more than 150 years in prison for murder and robbery convictions could not convince the Indiana Court of Appeals that a contested dying declaration undermined his convictions and required reversal.