National Guard helps operate Indiana prison amid COVID-19
National Guard units are helping operate a northern Indiana prison that’s faced with staffing shortages after several prison workers were stricken with COVID-19.
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Weissmann selected to succeed Baker on Indiana Court of Appeals
Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.
Tax Court partially reverses tax board’s dismissal of HOAs’ common area claims
A final decision by the Indiana Board of Tax Review that dismissed claims from three homeowners associations was partially reversed by the Indiana Tax Court in a Monday decision.
Indiana, other states seeking SCOTUS amici status in COVID-19 chemical abortion case
| IL Staff
The office of Indiana Attorney General Curtis Hill is asking the United States Supreme Court for permission to intervene in abortion litigation seeking to uphold chemical abortion procedures during the COVID-19 pandemic.
IPL to pay $1.5M fine to settle Petersburg pollution issues
Indianapolis Power & Light Co. has agreed to pay about $1.5 million in penalties to settle longstanding pollution issues at its huge Petersburg Generating Station.
3 sentenced in Vanderburgh Co. for roles in death of a disabled woman
A southwestern Indiana woman, her daughter and husband were sentenced Monday for their roles in the death of a disabled Virginia woman whose body was found buried beneath a garage.
House to subpoena postmaster general over mail delays
The House Oversight Committee intends to subpoena Postmaster General Louis DeJoy for documents about disruptions in mail delivery operations that are now central to questions over the ability to handle an onslaught of mail-in ballots expected for the November election.
IndyBar: Bosma’s Retirement from the Indiana General Assembly Significant for Local Government Issues
| Scott Chinn and From IndyBar
Many House members on both sides of the aisle are familiar with local government issues. But Brian Bosma’s exit from lawmaking is significant in terms of the loss of institutional knowledge and history of those issues from the General Assembly’s leadership.
Three nominees selected for Allen Superior Court judicial vacancy
| IL Staff
The Allen Superior Court Judicial Nominating Commission has announced the names of three finalists selected Monday for a judicial vacancy that will occur in January 2021.
In Anthem-Cigna ‘soap opera,’ judge hands damages to neither
A Delaware judge rebuffed efforts by both Cigna Corp. and Anthem Inc. to collect billions over their failed merger, saying Cigna had breached its obligations but the merger was likely to have been blocked on antitrust grounds anyway.
Intimidation conviction upheld for man who threatened officer on YouTube
A man convicted of intimidation after posting a threatening video meant for a police officer did not convince the Indiana Court of Appeals on Monday that his jury panel was unfair or that his conviction should be overturned.
Appeals court reverses suppression of evidence in stolen gun case
The grant of a motion to suppress all evidence found in a man’s home during a search by police has been reversed, with the Indiana Court of Appeals finding a reasonable probability for law enforcement to believe that a stolen gun would be there.
Opinions Aug. 31, 2020
Indiana Court of Appeals
Franciscan ACO, Inc., Franciscan Alliance, Inc., and Charlotte Sweezer v. Vaughn Newman, as personal represenatative of the Estate of Virginia Newman
19A-CT-2465
Civil tort. Reverses the denial of Charlotte Sweezer, Franciscan ACO Inc. and Franciscan Alliance Inc.’s motion for partial summary judgment on a wrongful death claim brought by Vaughn Newman as personal representative of the Estate of Virginia Newman. Finds no genuine issue of material fact exists, so the Lake Superior Court erred in denying the motion for partial summary judgment. Remands for proceedings.
COA reverses summary judgment denial in patient negligence, wrongful death suit
The Indiana Court of Appeals has reversed the denial of partial summary judgment in a wrongful death case brought by the estate of a woman killed while in the care of a professional health care group.
Applications open to succeed Lake Superior Judge Murray
| IL Staff
Applications are now being accepted to fill an upcoming vacancy on the Lake County Superior Court bench.
Indiana forecasts 10-fold jump for mail-in voting
| Associated Press and IL Staff
Indiana election officials are bracing for perhaps 10 times more mail-in ballots for this fall’s election than four years ago. The forecast comes as litigation over efforts to expand mail-in voting continue to play out in federal court.
Kansas girl’s killer 5th federal inmate executed this year
A Kansas girl’s killer Friday became the fifth federal inmate put to death this year, an execution that went forward only after a higher court tossed a ruling that would have required the government to get a prescription for the drug used to kill him.
Indiana judge killed in plane crash remembered by colleagues
| Associated Press and IL Staff
A southern Indiana judge killed in a small plane crash in southeastern Illinois is being remembered by fellow judges as a problem-solver who helped defendants start new lives.
Opinions Aug. 28, 2020
Indiana Court of Appeals
Jerry Wayne Smith v. State of Indiana
20A-CR-672
Criminal. Reverses Jerry Wayne Smith’s sentence for his conviction of Class A misdemeanor resisting law enforcement. Finds the 365-day sentence, with 185 days suspended to probation and 180 days served consecutive to the 277 days for a probation violation, is inappropriate. Remands to the Vermillion Circuit Court to impose a sentence of 365 days, with 20 days to serve and 345 days suspended to probation.
Video outlines Southern District jury precautions during pandemic
| IL Staff
Hoping to allay fears of people summoned to federal court for jury duty as trials resume next week, the U.S. District Court for the Southern District of Indiana has posted a video detailing the steps the court is taking to protect jurors during the COVID-19 pandemic.