Veteran Indiana legislator Mrvan stepping down from Senate seat
One of Indiana’s longest-serving state senators has decided to step down immediately from the Legislature.
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Chief Justice Rush commends perseverance of courts, honors Justice David at State of the Judiciary
Indiana Chief Justice Loretta Rush presented her eighth State of the Judiciary address to Indiana Gov. Eric Holcomb, state lawmakers and fellow judges on the conditions of Indiana’s courts on Wednesday.
COA: Father satisfies Bystander Rule for negligence claim
A Pulaski County man claiming “negligent infliction of emotional distress” will be able to continue with his lawsuit after the Court of Appeals of Indiana found he satisfied the Bystander Rule even though he arrived at the scene about three hours after a gas explosion destroyed his house.
Opinions Jan. 12, 2022
Court of Appeals of Indiana
Ceres Solutions Cooperative, Inc., v. Estate of Kathryn Bradley, et al.
21A-CT-377
Civil Tort. Affirms Pulaski Superior Court’s denial of Ceres’ summary judgment motion related to Kathy Bradley and reverses the trial court’s grant of Ceres’ summary judgment motion regarding Kathy’s son, Eric Bradley. Finds Kathy’s husband, Kenneth Bradley, meets the requirement of the Bystander Rule and can proceed with his claim for negligent infliction of emotional distress.
Indiana Black legislators introduce legislation to ‘dismantle discriminatory systems’
Asserting they are willing to fight “these old battles,” the Indiana Black Legislative Caucus unveiled its 2022 legislative agenda that is focused on addressing what they called the “long-term effects of racism in society” in the areas of wealth, education, health and housing.
Crown Point workers’ comp attorney Jeffrey Sturm remembered fondly
| IL Staff
Jeffrey S. Sturm, a workers’ compensation leader and attorney with George C. Patrick & Associates, PC, has died. He was 58.
Public health emergency bill moves forward in Indiana Senate
The Indiana Senate’s version of legislation to enact administrative tools to end the state’s public health emergency passed in committee unanimously on Wednesday, with backing from business and health care leaders.
House endorses bill allowing Level 6 offenders to go to DOC
In endorsing legislation allowing more people convicted of Level 6 felonies to be sentenced to the Department of Correction, an Indiana House Republican said the move was the result of learning from recent data. But some House Democrats said the bill was actually a sign that the Legislature had failed in its wide-ranging criminal justice reform bill passed nearly a decade ago.
7th Circuit won’t revive Illinois churches’ COVID suit
The 7th Circuit Court of Appeals has refused to revive a lawsuit filed by two churches requesting an injunction forbidding Illinois’ governor from reinstating capacity limits on religious services in the future like he did at the beginning of the COVID-19 pandemic.
Holcomb paints rosy economic picture in State of the State address
Indiana Gov. Eric Holcomb painted a rosy picture of the state’s accomplishments in his sixth State of the State address, and he outlined steps he wants to take to keep up that momentum while acknowledging lingering challenges from the COVID-19 pandemic.
Justice Dept. creating unit focused on domestic terrorism
The Justice Department is establishing a specialized unit focused on domestic terrorism, the department’s top national security official told lawmakers Tuesday as he described an “elevated” threat from violent extremists in the United States.
US Supreme Court agrees Indian Country ruling not retroactive
The U.S. Supreme Court upheld an Oklahoma appellate court decision that the high court’s landmark McGirt ruling on criminal jurisdiction in Indian Country does not apply retroactively to state convictions that are finalized.
Handgun permit repeal bill advances to Senate
A bill that would do away with Indiana’s handgun permit requirement will continue to advance through the Indiana General Assembly after getting a majority vote of approval in the Indiana House on Tuesday.
Opinions Jan. 11, 2022
Court of Appeals of Indiana
Shaun A. Smith v. State of Indiana
21A-CR-956
Criminal. Affirms Shaun A. Smith’s conviction of Level 5 felony dealing in methamphetamine. Finds the Cass Superior Court did not abuse its discretion by admitting into evidence a redacted report compiling text messages that were extracted from Smith’s cellphone. Also finds that any error would have been harmless.
Supreme Court denies appeal of Islamic State bride
The U.S. Supreme Court has refused to hear the appeal of a woman who left home in Alabama to join the Islamic State terror group, but then decided she wanted to return to the United States.
Turn signal bill gets green light to Senate floor
A bill that would strip a requirement for Hoosier motorists to signal at certain distances before changing lanes or turning got the green light to move ahead in the Indiana Legislature on Tuesday.
Justices grant transfer to 2 cases, deny transfer to case against couple that allegedly abandoned adopted daughter
| IL Staff
A burglary conviction that was tossed and a dispute over insurance coverage for a pair of bars are both headed to the Indiana Supreme Court for review. But the case against an Indiana couple accused of abandoning their adopted daughter has been denied transfer.
COA rejects challenge to text message report
A man convicted of dealing in meth after a report of his text messages describing a drug deal was used against him has lost his argument on appeal that the report should not have been admitted as evidence.
Indiana teachers push back against school curriculum bills
A controversial Indiana bill that Republican lawmakers contend would increase transparency around school curricula has drawn opposition from dozens of teachers who testified Monday at the Statehouse that the legislation would censor classroom instruction and place unnecessary additional workloads on educators.
Armed man shot by Fort Wayne police facing weapons charges
A man who was shot and wounded by Fort Wayne police last week after officers called to a home found him armed with a gun is facing weapons and intimidation charges.