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Opinions Jan. 31, 2023

January 31, 2023

Court of Appeals of Indiana
Faye E. Hunter and James E. Hunter v. J & M Displays, Inc.
22A-CT-1454
Civil tort. Affirms the grant of J & M Displays Inc.’s motion for summary judgment in a dispute with Faye E. and James E. Hunter. Finds the evidence does not constitute a direct physical impact under the Modified Impact Rule. Also finds the Johnson Superior Court did not err in granting summary judgment with respect to the Hunters’ claim of negligent infliction of emotional distress.

Indiana justices won’t hear 2nd abortion case for now

January 31, 2023 | Associated Press

Indiana’s high court said it will not immediately consider a challenge to the state’s abortion ban that is based on the argument that the law violates some people’s religious freedoms, leaving that decision to the Court of Appeals of Indiana, at least for now.

7th Memphis officer disciplined, EMTs fired in Nichols death

January 31, 2023 | Associated Press

Two more Memphis police officers have been disciplined and three emergency responders fired in connection with the death of Tyre Nichols, officials said Monday, widening the circle of punishment for the shocking display of police brutality after video showed many more people failed to help him beyond the five officers accused of beating him to death.

Feds expect to collect $4.7B in insurance fraud penalties

January 31, 2023 | Associated Press

The Biden administration estimated Monday that it could collect as much as $4.7 billion from insurance companies with newer and tougher penalties for submitting improper charges on the taxpayers’ tab for Medicare Advantage care.

Mitch Daniels decides not to run for U.S. Senate

January 31, 2023 | Indianapolis Business Journal Staff

Former Gov. Mitch Daniels, who just completed a 10-year stint as Purdue University president, said Tuesday he will not run for the U.S. Senate, ending speculation that he would jump into the 2024 race after sitting Sen. Mike Braun decided to run for governor.

State lawmakers revive effort to require partisan school board elections

January 31, 2023 | Indiana Capital Chronicle

Indiana lawmakers are trying again to pass a Republican-backed proposal to make school board elections partisan despite opposition from school board members and education advocates from across the state.

COA: Trial court properly dismissed motion to suppress blood draw in drunken driving case

January 30, 2023 | Alexa Shrake and Jordan Morey

A drunken driver who killed another person in a two-car vehicle wreck has failed to convince the Court of Appeals of Indiana her blood test results should be suppressed from her trial.

COA upholds drug dealer’s convictions, remands for illegal sentence

January 30, 2023 | Alexa Shrake and Jordan Morey

An Indianapolis man will not shake his drug convictions after the Court of Appeals of Indiana found police didn’t illegally search a hotel room he was living in. In fact, he will spend more in prison after judges concluded the sentence he was given didn’t fall within the sentencing guidelines.

Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms

January 30, 2023 | Jordan Morey

Neither the trust that owns a ramshackle house nor the man living on the property fixing it up will be awarded attorney fees after the Court of Appeals of Indiana affirmed Marion Superior Court rulings that placed blame on both sides.

COA awards prisoner additional pretrial credits in reversal

January 30, 2023 | Alexa Shrake and Jordan Morey

An Indiana prisoner will have time knocked off his sentence after the Court of Appeals of Indiana found a trial court miscalculated his pretrial confinement credits after one of his multiple offenses was dismissed pursuant to a plea agreement.

Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute

January 30, 2023 | Jordan Morey

The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.

COA: Mother didn’t abandon child, consent needed for adoption

January 30, 2023 | Jordan Morey

A northern Indiana mother has won a reversal on an adoption petition granted to her child’s stepmother after the Court of Appeals of Indiana concluded she did not abandon her child and her consent was required for the adoption.

Opinions Jan. 30, 2023

January 30, 2023

Court of Appeals of Indiana
Tina M. Isley v. State of Indiana
21A-CR-2837
Criminal. Affirms the denial of Tina Isley’s motion to suppress blood draw results and medical records. Finds Isley’s rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and Indiana’s implied consent laws were not violated. Judge Melissa May concurs in result with separate opinion.

COA: Fired employee did not commit theft, is entitled to unemployment benefits

January 30, 2023 | Alexa Shrake

A fired Indiana leasing consultant will continue to get unemployment benefits after the Court of Appeals of Indiana affirmed she wasn’t let go for gross negligence.

Tyre Nichols case revives calls for change in police culture

January 30, 2023 | Associated Press

Tyre Nichols’ fatal encounter with police officers in Memphis, Tennessee, recorded in video made public Friday night, is a glaring reminder that efforts to reform policing have failed to prevent more flashpoints in an intractable epidemic of brutality.

Bill seeks to prevent federal takeover of Indiana air pollution program

January 30, 2023 | Indiana Capital Chronicle

Indiana’s air pollution permitting program is low on money, edging toward violation of the federal Clean Air Act — and a potential U.S. Environmental Protection Agency takeover. And it’s because air pollution is decreasing.

Some truckers want higher speed limits; key lawmakers reluctant

January 30, 2023 | Peter Blanchard, Indianapolis Business Journal

Two Hoosier lawmakers are seeking to eliminate the lower speed limit for heavy trucks on rural interstates and highways, but their proposals appear to be another chapter in more than 30 years of fruitless efforts on behalf of independent truckers.

Pier 48 keeps serving as legal wrangling continues

January 30, 2023 | Susan Orr, Indianapolis Business Journal

Pier 48 Fish House & Oyster Bar hadn’t even been open a year when business disputes among the downtown restaurant’s owners began spilling into the legal system in August 2020, with the various partners slinging lawsuits and accusations back and forth.

Former Roncalli counselor fired for same-sex marriage argues district court misapplied ministerial exception

January 27, 2023 | Jordan Morey

A former Roncalli High School guidance counselor is asking the 7^th Circuit Court of Apppeals to revive her lawsuit against the high school and the Archdiocese of Indianapolis, arguing that the district court misapplied the ministerial exception.

Bill denying bail to ‘substantial risks’ passes Indiana Senate

January 27, 2023 | Alexa Shrake

A bill that would further limit the right to bail passed the Indiana Senate on Thursday.

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22393 results for 'new'

Opinions Jan. 31, 2023

Indiana justices won’t hear 2nd abortion case for now

7th Memphis officer disciplined, EMTs fired in Nichols death

Feds expect to collect $4.7B in insurance fraud penalties

Mitch Daniels decides not to run for U.S. Senate

State lawmakers revive effort to require partisan school board elections

COA: Trial court properly dismissed motion to suppress blood draw in drunken driving case

COA upholds drug dealer’s convictions, remands for illegal sentence

Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms

COA awards prisoner additional pretrial credits in reversal

Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute

COA: Mother didn’t abandon child, consent needed for adoption

Opinions Jan. 30, 2023

COA: Fired employee did not commit theft, is entitled to unemployment benefits

Tyre Nichols case revives calls for change in police culture

Bill seeks to prevent federal takeover of Indiana air pollution program

Some truckers want higher speed limits; key lawmakers reluctant

Pier 48 keeps serving as legal wrangling continues

Former Roncalli counselor fired for same-sex marriage argues district court misapplied ministerial exception

Bill denying bail to ‘substantial risks’ passes Indiana Senate