COA rehearing reaps same result: MDMB rule vague
The Court of Appeals of Indiana has reaffirmed an earlier ruling that held the state’s classification of a synthetic cannabinoid as a Schedule I controlled substance is unconstitutionally vague.
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Opinions Sept. 12, 2022
Court of Appeals of Indiana
Travis Armes, Eric Settles, and Debra Pennington v. State of Indiana
21A-CR-2384
Criminal. Affirms opinion in Armes v. State, 191 N.E.3d 942 (Ind. Ct. App. 2022) which reversed the Marion Superior Court denial of the motions to dismiss the charging information against Travis Armes, Eric Settles and Debra Pennington. Finds LSA Document N. 20-516(E) which is the emergency rule that designated MDMB-4en-PINACA as a Schedule I controlled substance did not provide the chemical composition so a person of ordinary intelligence would not be able to determine through appropriate testing whether a material contained it.
Indiana Supreme Court makes appointments to character and fitness committee
| IL Staff
Indiana Chief Justice Loretta Rush signed an order Sept. 2 appointing 41 members of the Indiana Bar to the character and fitness committee. Members will serve until successors are appointed, pursuant to Indiana Admission and Discipline Rule 12(4).
Chief Justice John Roberts defends legitimacy of court
During a recent speech in Denver, Chief Justice John Roberts defended the authority of the Supreme Court to interpret the Constitution, saying its role should not be called into question just because people disagree with its decisions.
In Indiana, a shifting abortion landscape without clinics
Starting Sept. 15, abortion clinics in Indiana will be prohibited from providing any abortion care, leaving such services solely to hospitals or outpatient surgical centers owned by hospitals.
Regenstrief, IU land CDC grant to study ‘long COVID’
The Regenstrief Institute in Indianapolis and the schools of medicine and public health at Indiana University have received a five-year, seven-figure grant from the U.S. Centers for Disease Control and Prevention to study the long-term effects of COVID-19.
A year later, fight continues over vaccine mandates
In recent months, current and former employees of drugmaker Eli Lilly and Co., medical-equipment maker Roche Diagnostics and health care system Ascension St. Vincent have filed suit in federal district court, claiming their religious views and civil liberties were violated.
Indiana justices take murder case overturned by COA
| IL Staff
The justices voted to grant transfer to Marquis David Young v. State of Indiana, 21A-CR-1125, a 2020 murder case from Lake Superior Court. Also, the justices voted to hear a dispute over an arbitration provision in a customer contract and a case involving property damage caused by a sewage overflow.
Opinions Sept. 9, 2022
Court of Appeals of Indiana
Damon Daniels v. Jeffrey Drake and Lisa Drake
22A-CT-68
Civil tort. Reverses and remands the Franklin Circuit Court’s grant of summary judgment to Jeffrey and Lisa Drake after FedEx driver Damon Daniels sued them for damages after the Drakes’ dog bit him on the job. Finds a genuine issue of material fact as to the dangerous tendencies of Great Danes, which, if true, the Drakes are likely to be aware of. As a result, finds that would generate a genuine issue as to whether the Drakes took reasonable precautions under the circumstances to prevent their dog from causing injury to Daniels, an invitee on their land. Remands for further proceedings.
FedEx driver secures COA reversal against dog owners
A FedEx driver bit by a dog despite the owners’ assurance that he was safe to deliver a package has secured a reversal from the Court of Appeals of Indiana. The appellate panel found questions remained about whether the owners knew their dog’s breed had dangerous propensities when the deliveryman was invited onto their property.
Judge appointed to Crawford Circuit Court to replace Bell following resignation
| IL Staff
A vacancy opened by an embattled former judge’s resignation has been filled by Indiana Gov. Eric Holcomb.
Indiana law schools see slight drop in enrollment, increased diversity to start new year
| IL Staff
Indiana’s law schools saw a decrease in enrollment across the board to start the 2022-23 school year, but the legal institutions also saw some increases in other areas, including diversity and grade point averages.
2 decades later, 9/11 self-professed mastermind awaits trial
As Sunday’s 21st anniversary of the terror attacks approaches, Khalid Shaikh Mohammed and four other men accused of 9/11-related crimes still sit in a U.S. detention center in Guantanamo Bay, their planned trials before a military tribunal endlessly postponed.
Florida judge faces criticism following order in Trump case
U.S. District Judge Aileen Cannon is facing sharp criticism following her decision this week to grant a request by former President Donald Trump’s legal team for an independent arbiter to review documents obtained during an FBI search of his Florida property last month.
Fed hoping higher rates won’t mean deep U.S. recession
The last time the Federal Reserve faced inflation as high as it is now, in the early 1980s, it jacked up interest rates to double-digit levels—and in the process caused a deep recession and sharply higher unemployment. On Thursday, Chair Jerome Powell suggested that this time, the Fed won’t have to go nearly as far.
Judge approves $2.46B Boy Scouts reorganization plan
A bankruptcy judge on Thursday approved a $2.46 billion reorganization plan proposed by the Boy Scouts of America, which would allow it to keep operating while compensating tens of thousands of men who say they were sexually abused as children while involved in Scouting.
2nd lawsuit challenges Indiana’s abortion ban on religious freedom grounds
The American Civil Liberties Union of Indiana filed a second lawsuit today against the state’s new abortion law, claiming Senate Enrolled Act 1 violates Indiana’s Religious Freedom Restoration Act.
Dentons Bingham Greenebaum officially enters Maine
Dentons has officially established an office in Portland, Maine, expanding the global law firm’s reach in the United States.
Rokita asks 7th Circuit to lift injunction against transgender girls’ sports law
To deter others from pursuing similar actions, Indiana Attorney General Todd Rokita has appealed an Indiana Southern District Court injunction allowing a 10-year-old transgender student in Indianapolis to participate on her school’s softball team.
Opinions Sept. 8, 2022
Court of Appeals of Indiana
James Robert Ward v. State of Indiana (mem. dec.)
22A-CR-676
Criminal. Affirms James Ward’s convictions of two counts of Class B felony sexual misconduct with a minor. Finds Ward failed to establish that T.Z.’s testimony was incredibly dubious.