Federal prisoner wins habeas relief for miscalculated sentence
A prisoner challenging the calculation of his federal sentence was granted habeas corpus relief Wednesday after a district court judge found his sentences were miscalculated.
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COA affirms for insurer in UIM coverage case
A woman who was injured in a car crash and racked up a hefty medical bill did not convince the Indiana Court of Appeals that it should reverse a trial court’s judgment in favor of her insurance company.
Woman wins repossession appeal against towing company
The 7th Circuit Court of Appeals on Wednesday reversed in favor of an Indianapolis woman who was restrained by law enforcement while her car was being repossessed.
As Indiana COVID-19 cases hit 645, state not detailing ICU capacity
| Associated Press and IL Staff
The number of presumptive Indiana coronavirus cases rose to 645, the Indiana State Department of Health reported Thursday morning, up from 477 a day earlier. Three additional deaths were reported, bringing the statewide toll to 17.
U.S. jobless claims hit 3.3 million, quadruple previous record
Nearly 3.3 million Americans applied for unemployment benefits last week — more than quadruple the previous record set in 1982 — amid a widespread economic shutdown caused by the coronavirus.
Senate unanimously passes massive coronavirus aid plan
The Senate passed an unparalleled $2.2 trillion economic rescue package steering aid to businesses, workers and health care systems engulfed by the coronavirus pandemic.
Holcomb vetoes controversial landlord-tenant legislation
Indiana Gov. Eric Holcomb has vetoed a controversial bill that would have prevented local governments from regulating any aspect of landlord-tenant relationships.
Opinions March 25, 2020
Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.
Indiana Election Commission expands vote-by-mail options
Casting a ballot by mail will now be an option for all Indiana registered voters in the upcoming primary election. The Indiana Election Commission on Wednesday morning voted to make that change, along with approving several other updates to reflect the new June 2 primary election date.
Washington agrees on unrivaled $2 trillion virus rescue bill
The White House and Senate leaders announced agreement Wednesday on an unparalleled, $2 trillion emergency bill to rush aid to businesses, workers and a health care system slammed by the coronavirus pandemic, the largest economic rescue bill in history.
US courts make online civics education resources available
| IL Staff
With the coronavirus outbreak forcing the closure of schools and preventing many from leaving their houses, the US Courts are offering a series of online civics education resources so homebound students have opportunities to continue learning.
Felony reversed for man who possessed hash oil
The Indiana Court of Appeals reversed a man’s felony conviction for possession of a controlled substance after finding that his vaping cartridge containing hash oil did not violate state law under which he was charged.
COA: Striking child with cord not protected parental discipline
An Indianapolis mother convicted of felony battery after striking her son with an electrical cord failed to convince the Indiana Court of Appeals that the charges against her could be defeated by the concept of parental privilege.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
Victims’ testimony admissible in child molesting case, COA rules
The Indiana Court of Appeals on Wednesday was not convinced by a man’s argument that his decades-long sentence for child molesting was inappropriate or that victim testimony was inadmissible.
Application deadline extended for Marion Superior judicial vacancies
| IL Staff
The application deadline for three Marion County judicial vacancies has been extended to June 19 due to the COVID-19 pandemic, the Indiana Supreme Court announced Wednesday. Interviews of potential Indianapolis judges likewise are expected to be delayed until late summer or early fall.
Indiana coronavirus cases rise to 477 in state with 14 deaths
| IL Staff
The Indiana State Department of Health on Wednesday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 477 after the emergence of 112 more cases. The statewide death toll overnight rose from 12 Tuesday to 14.
2 found fatally shot after police standoff in Fishers
Police in suburban Indianapolis say they found a man and a woman fatally shot after a lengthy standoff in which shots were fired at officers.
Johnson County lawyer suspended over trust account mismanagement
A 45-year attorney in Johnson County will be suspended briefly and then subject to a probationary period for improper oversight and management of his small firm’s trust accounts, the Indiana Supreme Court has ordered.
Opinions March 24, 2020
Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.