IMPD officer suspended for remark after police killed man
The Indianapolis Metropolitan Police Department suspended a detective whose remarks about the body of a man fatally shot by another officer sparked criticism, the police chief says.
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Opinions May 14, 2020
Indiana Court of Appeals
Frances L. Batchelder, Special Administrator of the Estate of John E. Batchelder, M.D., Deceased v. Indiana University Health Care Associates, INC, d/b/a IUHP
19A-CT-2569
Civil tort. Reverses the Marion Superior Court’s award of summary judgment in favor of Indiana University Health Care Associates, Inc., in the medical malpractice action brought by Frances Batchelder, special administrator of the estate of John E. Batchelder, M.D. Finds that by prematurely applying the $1.25 million setoff from a settlement with a third party to the statutory limit and offsetting the IUHP judgment to zero, without first determining the value of the estate’s case, the trial court denied the estate the potential full recovery to which the estate is legally entitled. Remands for proceedings.
High court further expands video, phone proceedings during COVID-19
Indiana Supreme Court justices have permitted the expansion of remote proceedings until further order amid the coronavirus public-health emergency.
Reversal: Paraplegic doctor’s estate denied full recovery in wrongful death suit
The estate of a deceased doctor was denied the full potential recovery it was entitled to after a hospital was awarded summary judgment in his wrongful death case, the Indiana Court of Appeals ruled Thursday.
‘The wheels of justice must go on’: Indiana Supreme Court hears first remote arguments
Joining the trend of appellate courts nationwide, the Indiana Supreme Court on Thursday took the historic step of hearing oral arguments via videoconference in light of the novel coronavirus pandemic.
Justices extend deadline for trial court transition plans to May 30
| IL Staff
The Indiana Supreme Court has extended the deadline through May 30 for courts to submit transition plans for expanded trial court operations. The order also extends through the end of May emergency relief granted to trial courts in response to COVID-19.
Confirmed COVID-19 cases in Indiana top 26,000, deaths exceed 1,500
The Indiana State Department of Health on Thursday said the number of positive cases for COVID-19 in the state has risen to 26,053 following the emergence of 580 more cases.
Ex-youth coach’s 15-year rape sentence upheld on appeal
The Indiana Court of Appeals has upheld a former youth football coach’s 15-year prison sentence for raping the sister of one of his players after luring her to his Fort Wayne home with the promise of a cheerleading coaching position.
55-year sentence upheld in lawyer’s killing by late lawmaker’s husband
The husband of a late Indiana legislator convicted of murdering a northwestern Indiana lawyer and family friend will serve his 55-year advisory sentence, the Indiana Court of Appeals affirmed Thursday.
Investigators’ interview tactics merit suppression, COA affirms
A prosecutor and detective who questioned a woman who was later charged in a child molesting investigation may not use any of her statements after she said wanted to be taken home, the Indiana Court of Appeals ruled Thursday, rejecting an appeal by the state.
Justices fear ‘chaos’ if states can’t bind electors’ votes
Supreme Court justices invoked fears of bribery and chaos Wednesday to suggest they think states can require presidential electors to back their states’ popular vote winner in the Electoral College.
Indiana AG, 13 others to Trump: Let’s hold China accountable for COVID-19
Republican attorneys general in Indiana and 13 other states asked President Donald Trump on Wednesday to form a state-federal partnership to hold China accountable for damages caused by the spread of the new coronavirus.
Study estimates 2.8% coronavirus infection rate for Indiana
A statewide study estimates that at least 2.8% of Indiana’s population has been infected by the coronavirus, a rate about 10 times that shown by previous testing, Indiana University researchers said Wednesday.
Indiana legislator accused of racist Facebook post, again
A white Indiana state lawmaker who was accused of posting something racist on Facebook last year is defending himself again after he posted a meme that showed black children in diapers dancing with the caption, “We gon’ get free money!”
Marion County to ease stay-home order Friday, with several restrictions
Indianapolis Mayor Joe Hogsett on Wednesday said he will begin easing Marion County’s pandemic stay-at-home orders on Friday but with several major exclusions not found in the state’s reopening plan.
Opinions May 13, 2020
Indiana Court of Appeals
Tiffany Abbott, Cathie Barnes, and Chandra Gray v. Individual Support Home Health Agency, Inc.
19A-PL-2367
Civil plenary. Reverses the Henry Circuit Court’s order denying the motion to dismiss the complaint filed by Tiffany Abbot, Cathie Barnes and Chandra Gray’s former employer, Individual Support Home Health Agency, Inc. Finds the women’s reports to the Indiana State Department of Health are protected by absolute privilege because the reports initiated a quasi-judicial proceeding. Finds the trial court erred when it denied their motion to dismiss Home Health’s complaint. Remands the case to the trial court with instructions to dismiss Home Health’s complaint.
IndyBar: New Free Estate Planning Document Review Service Available for IndyBar Members
The COVID-19 public health crisis has caused many people to reconsider their estate planning in light of scenarios that may have previously been unthinkable.
Teen’s attempted murder reversal splits COA in first-impression case
Is the parent of a juvenile defendant waived to adult court “essential” to the presentation of that juvenile’s defense? The majority of a split Indiana Court of Appeals panel concluded the answer to that question was yes, despite a dissenting judge’s opinion.
AG Hill vows to stay in campaign as he seeks GOP support
As he prepares to begin a 30-day suspension of his law license, Indiana Attorney General Curtis Hill is doubling down on his campaign efforts and making his case for reelection as he courts delegates for next month’s Indiana Republican Convention.
Award of custody to father reversed after no findings support ruling
A court that awarded custody of an 8-year-old child to the father after a modification proceeding had no evidence that doing so was in the child’s best interests, the Indiana Court of Appeals ruled Wednesday, reversing the custody determination.