Indiana lawmakers plan session shifts amid virus worries
Indiana lawmakers are preparing to move much of their 2021 legislative session activity out of the Statehouse over coronavirus concerns.
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Justices uphold $40K damages verdict despite challenged jury instruction
A man awarded $40,000 after a crash involving an 18-wheeler will not get a second damages trial after the Indiana Supreme Court rejected his challenge to a damages-mitigation jury instruction.
DOJ, AG Hill side with archdiocese in same-sex marriage fight
Claiming the judiciary cannot interfere with church matters, the U.S. Department of Justice and the Indiana Attorney General have entered the fight between the Roman Catholic Archdiocese of Indianapolis and a teacher who was dismissed from Cathedral High School in Indianapolis for being in a same-sex marriage.
Opinions Sept. 8, 2020
Indiana Supreme Court
Patrick Humphrey v. Brian Tuck, US Xpress, Inc.
20S-CT-548
Civil tort. Grants transfer and affirms the Jackson Superior Court’s entry of judgment on a jury’s $40,000 damages verdict in favor of Patrick Humphrey, and the trial court’s denial of Humphrey’s motion to correct error. Finds there was enough evidence to support giving the challenged failure-to-mitigate jury instruction.
Justices: Juvenile courts lack jurisdiction to waive those who age out
Juvenile courts’ jurisdiction to waive minors to adult court ends when the juvenile reaches the age of 18 or 21, depending on the nature of the case, the Indiana Supreme Court ruled Tuesday, reinforcing bright-line statutory jurisdiction in dismissing a pair of cases alleging child molestation.
Marijuana, paraphernalia possession not double jeopardy, COA finds
Applying a new test established this year by the Indiana Supreme Court to weigh claims of substantive double jeopardy, a retired justice authored an opinion Tuesday that found convictions of possession of marijuana and paraphernalia are not duplicative punishment for the same crime.
Merritt resigning after 30 years in state Senate
A longtime Republican state lawmaker who was unsuccessful last year in his bid to become mayor of Indianapolis is stepping down from his seat in November.
Appeals court reinstates stabbed worshiper’s suit against Sikh temple
A worshiper’s lawsuit against the Sikh temple where he was stabbed in a 2018 confrontation was reinstated Tuesday after the Indiana Court of Appeals found the temple had notice of an escalating factional feud over leadership. The temple also “had reason to recognize the probability or likelihood of looming harm,” the panel determined.
9/25 – The Complex History of Citizenship: Celebrate Hispanic Heritage Month (virtual)
Speaker: Dr. Dan-el Padilla Peralta Dr. Padilla Peralta will discuss a range of historical and contemporary approaches to the dilemmas of citizenship. From immigration advocacy to the Movement for Black Lives, activists in the United States and throughout the world have drawn attention to the design and institutionalization of different forms of (unequal) citizenship. Dr. […]
Bar applicants ace August 2020 exam
Indiana’s unprecedented bar exam that was reformatted and delayed until August 2020 because of the coronavirus has turned in a pass rate that tops the previous four years. Almost three-quarters of those who took the remote test passed, according to the list released Tuesday.
State police probe jail death of woman held in isolation
State police are investigating the death of a mother of four who was found unresponsive last weekend in a cell at a northeastern Indiana jail where she was being held in isolation. She died after spending several days in jail after she was arrested on a warrant on a misdemeanor possession of marijuana charge, online court records show.
Ex-cop who shot Black man reaches plea on unrelated charge
A white former South Bend police officer whose fatal shooting of a Black man last year roiled then-Mayor Pete Buttigieg’s presidential campaign has agreed to plead guilty to a felony charge stemming from an alleged on-duty sexual encounter he had a month before that shooting.
Authorities: Federal operation in Indiana found missing kids
Eight missing children were rescued in a five-day operation in the Indianapolis area and one person was arrested on charges including parental kidnapping, according to federal authorities.
Police: Highland man’s 2005 death wasn’t homicide after all
Cindy Neizgoda couldn’t sleep ahead of a scheduled meeting with Highland police Aug. 5 to talk about her son’s case, which had been ruled a homicide 15 years earlier. The news she and her family received left them reeling.
Judge recommends criminal count dismissal in duck boat case
| Associated Press and IL Staff
A federal magistrate judge has recommended that criminal charges be dismissed against three men indicted over a duck boat sinking on a Missouri lake that killed 17 people two summers ago, including nine members of an Indianapolis family.
Holcomb appoints Schutte as Vanderburgh Superior Judge
| IL Staff
Vanderburgh Circuit Court Magistrate Judge Gary Schutte II has been appointed to the Vanderburgh Superior Court bench, succeeding Judge Robert Tornatta, who retired in April. Gov. Eric Holcomb announced the appointment Friday.
Opinions Sept. 4, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Yeison Meza Morales v. William Barr
19-1999
Civil. Amends the June 26 opinion in this immigration case reversing the removal order for Yeison Meza Morales and expanding the authority of immigration judges to administratively close cases when warranted. Adds one sentence to a footnote on page 13 of the June 26 opinion expressing no view on whether the government might be precluded from contesting the nonfinal waiver of an immigrant’s inadmissibility. Affirms the June 26 opinion in all other respects. Denies the government’s motion for rehearing in a separate order.
IU wins summary judgment in ex-student’s Title IX case
Along with granting summary judgment to Indiana University in an ex-student’s Title IX sexual misconduct lawsuit, the Southern Indiana District Court found the exercise of supplemental jurisdiction was proper and also dismissed the male student’s state law claims.
7th Circuit rejects sexual orientation claim of DOC worker fired for harassment
After working for the Indiana Department of Correction for more than 20 years, Robbie Marshall was terminated from his position after a co-worker brought sexual harassment allegations against him.
Grand jury indicts Lawrence officer in shooting
| IL Staff
A Lawrence police officer faces multiple felony charges related to a nonfatal shooting in February after a Marion County grand jury returned an indictment Thursday.