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Appeals court affirms $80K damages ruling in logging trespass

April 13, 2020 | Dave Stafford

A logging company that allegedly fell more than three dozen hardwood trees on a Morgan County property whose owner had warned the contractor to stay off his land was rightly awarded more than $80,000 in damages, the Indiana Court of Appeals ruled.

Challenged blood draw in fatal impaired driving crash upheld

April 13, 2020 | Marilyn Odendahl

A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.

Injured wood trimmer operator loses appeal against manufacturer

April 13, 2020 | Katie Stancombe

A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.

New Indiana COVID-19 cases decline for third straight day

April 13, 2020 | IL Staff and Indianapolis Business Journal Staff

New reported cases of coronavirus declined for the third consecutive day Monday – the first such trend line since the state began tracking cases in late February. The latest figured reinforced projections that the state may have reached the peak of COVID-19 cases and deaths.

Police: Person exchanged gunfire with officers, found dead

April 13, 2020 | Associated Press

A suspect who exchanged gunfire with officers in far western Indiana was found dead after officers entered a wooded area in an armored vehicle, state police said Saturday.

Nursing home deaths soar past 3,600 in alarming surge

April 13, 2020 | Associated Press

More than 3,600 deaths nationwide have been linked to coronavirus outbreaks in nursing homes and long-term care facilities, an alarming rise in just the past two weeks, according to the latest count by The Associated Press.

African Americans account for 9.8% of Indiana population, but 19.2% of all COVID-19 deaths so far

April 13, 2020 | John Russell and Indianapolis Business Journal Staff

Nearly one out of five deaths in Indiana so far from COVID-19 have been African American patients, which is nearly double the percentage of African-Americans who live in Indiana, the health department said Friday.

Man arrested after shooting death of Indianapolis officer

April 13, 2020 | Associated Press

A man has been arrested in connection with the shooting death of an Indianapolis officer on a domestic violence call, police said Friday.

Deaths at Anderson nursing home climb to 24

April 10, 2020 | Indianapolis Business Journal Staff

Twenty-four residents have died at an assisted living facility in Anderson, Indiana State Health Commissioner Kristina Box announced Friday — up from 11 residents just four days ago.

Opinions April 10, 2020

April 10, 2020

The following 7th Circuit Court Opinion was posted after IL deadline on Thursday.
Markel Insurance Company v. Lillian Rau
19-2433
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly Brady.
Civil. Affirms the Northern District Court’s finding that Markel Insurance Company had no obligation to United Emergency Medical Services or its employee under the insurance policy after one of United’s ambulances crashed into a vehicle, killing Chester Stofko. Finds Lillian Rau’s argument that equity requires coverage for the ambulance is not persuasive. Finds that because Markel did not endorse a change to the policy, the ambulance was not covered. Also rejects Rau’s attempts to raise the argument Markel should be estopped from denying coverage for the ambulance as a matter of public safety.

7th Circuit: Insurer has no obligation to ambulance fleet service after fatal crash

April 10, 2020 | Katie Stancombe

An ambulance that crashed into a car and killed its driver was not covered under an insurance policy, the 7th Circuit Court of Appeals ruled Thursday. As a result, the insurer had no obligation to either the ambulance service or its employee.

AG Hill leads fight to preserve fetal tissue ban

April 10, 2020 | Marilyn Odendahl

The coronavirus crisis has renewed the battle over fetal tissue research, with Indiana Attorney General Curtis Hill leading the effort to preserve the ban on federal funding.

Indiana Supreme Court suspends filing by personal delivery through May 4

April 10, 2020 | IL Staff

The Indiana Supreme Court announced Tuesday that filing pursuant to Appellate Rule 23(A)(1) by personal delivery to the clerk of courts or the rotunda filing drop box is now suspended through May 4.

Nonprofits petition Indiana Supreme Court to protect stimulus payments

April 10, 2020 | Marilyn Odendahl

Legal aid providers and nonprofits that help the poor are asking the Indiana Supreme Court to protect vulnerable households from having their federal stimulus checks seized by creditors.

Indiana COVID-19 deaths hit daily high, toll rises to 300

April 10, 2020 | IL Staff

The number of deaths in Indiana from coronavirus reached 300 Friday, the second straight day that fatalities reached a new high. More than 100 people have died in Indianapolis, the Indiana Department of Health reported.

Officials close Indiana state parks, trails to contain virus

April 10, 2020 | Associated Press

State officials have closed trails at some of Indiana’s most popular state parks and campgrounds in response to large crowds gathering outdoors disregarding social distancing during the coronavirus pandemic.

Holcomb urges churches to stay closed amid pandemic

April 10, 2020 | Associated Press

Gov. Eric Holcomb on Thursday urged Indiana churches, synagogues and other faith venues to remain closed and adhere to social distancing guidelines during services and observances for Passover and Easter to slow the spread of the COVID-19 virus.

Indianapolis officer fatally shot on domestic violence call

April 10, 2020 | Associated Press

An Indianapolis police officer was shot and killed Thursday while responding to a domestic violence call, authorities said.

Opinions April 9, 2020

April 9, 2020

Indiana Court of Appeals
Trent Dean McPhearson v. State of Indiana
19A-MI-3035
Miscellaneous. Affirms the Madison Circuit Court’s order vacating its previous order removing Trent McPhearson’s name from the Indiana Sex Offender Registry. Finds no error in the granting the attorney general’s motion to vacate since the AG’s office had not been notified of the removal petition as required by statute.

ACLU sues to block new Indiana panhandling law

April 9, 2020 | Dave Stafford

A new Indiana law that effectively bans panhandling in downtown areas effective July 1 is being challenged in a federal lawsuit filed Thursday by the American Civil Liberties Union of Indiana, which claims that in addition to panhandlers, it and other organizations whose members personally collect donations would be broadly banned from doing so under the new law.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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