Former Holcomb staffer joins Ice Miller government law group
| IL Staff
A former staffer in the Indiana governor’s office has joined Ice Miller LLP as an associate for the firm’s Government Affairs & Regulatory Law Group.
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Opinions September 6, 2024
Indiana Court of Appeals
Michael Steury v. State of Indiana
23A-CR-2380
Criminal. Affirms Michael Steury’s convictions in Allen Superior Court of Level 3 felony rape and Level 6 felony sexual battery. Finds the trial court did not abuse its discretion when it denied Steury’s second proposed jury instruction because the term “unaware” in the rape statute does not have a technical or legal definition different from its plain and ordinary meaning and the proposed instruction risked confusing the jury. Also finds the trial court also did not abuse its discretion in rejecting Steury’s third proposed instruction because the content of that instruction was covered by the other instructions given by the trial court and the instruction conflated the elements of Count II and Count III. Finally, finds the state presented sufficient evidence to sustain Steury’s convictions.
Indiana Bar Foundation expands mock election program for students
| IL Staff
The Indiana Bar Foundation announce the launch of the Indiana Kids Election Wednesday. The program is a way to teach students about voting by participating in a mock election process.
State’s top gambling regulator to step down
Indiana Gaming Commission Executive Director Greg Small will step down this month, Gov. Eric Holcomb’s office announced Wednesday. General Counsel Dennis Mullen will lead the agency in an acting capacity.
Indiana Supreme Court weighs expunged arrest in officer’s disciplinary case
Legal counsel for an Indiana police officer who was arrested — but later had a drunk driving charge dropped and his record expunged — argued before the state supreme court on Thursday that pending disciplinary action related to the incident should not be allowed to move forward.
Judge questions restrictions on booster payments to athletes in $2.78B NCAA settlement
A federal judge on Thursday probed the terms of a proposed $2.78 billion settlement of antitrust lawsuits against the Indianapolis-based NCAA and major conferences and revealed a potential snag in the deal, questioning whether payments to college athletes from booster-funded organizations should be restricted.
Abortion rights questions are on ballots in 9 states. Will they tilt elections?
Ballot measures on abortion access could attract voters to polls in November who otherwise might sit out the election — and even a small number of additional voters could make a difference in close races for offices from the state legislature to president.
Indiana Supreme Court to hear oral arguments in case where voluntary manslaughter conviction was reversed
| IL Staff
The Indiana Supreme Court will hear oral arguments next week for a Jackson County case involving an overturned voluntary manslaughter conviction.
Hogsett staffer terminated as sexual harassment complaints rise at City-County Building
An administrator at the Indianapolis Department of Metropolitan Development was fired Wednesday after an internal investigation found “overwhelming evidence” of inappropriate sexual misconduct, according to documents released by the city’s attorneys.
Attorney General’s Office reaches settlement for tenants in South Bend
Indiana Attorney General Todd Rokita announced a settlement reached with South Bend apartment complex in Wednesday afternoon Facebook livestream.
Jury selection will begin in Hunter Biden’s tax trial months after his gun conviction
Jury selection is set to begin Thursday in Hunter Biden’s federal tax trial just months after the president’s son was convicted of gun charges in a separate case.
Voting-related lawsuits filed in multiple states could be a way to contest the presidential election
Before voters even begin casting ballots, Democrats and Republicans are engaged in a sprawling legal fight over how the 2024 election will be run, a series of court disputes that could even run past Election Day if the outcome is close.
Trump election subversion case back in court as judge holds hearing that could set its path forward
A judge will hear arguments Thursday about the potential next steps in the federal election subversion prosecution of Donald Trump in the first hearing since the Supreme Court narrowed the case by ruling that former presidents are entitled to broad immunity from criminal charges.
Opinions September 4, 2024
Indiana Court of Appeals
Maurice McGraw, Jr. v. State of Indiana
24A-CR-16
Criminal. Affirms Maurice McGraw’s convictions in Marion Superior Court of Level 5 felony domestic battery causing serious bodily injury and Level 6 felony domestic battery occurring in the presence of a child, and his sentence of six year in prison with three years suspended to probation. Finds McGraw has failed to establish a substantive double-jeopardy violation. Judge Terry Crone concurs with opinion and Judge Elizabeth Tavitas concurs in part and dissents in part with opinion.
Judges to visit schools to celebrate Constitution Day
| IL Staff
Judges from across the state will be visiting schools on and around Constitution Day to celebrate the 237th anniversary of the U.S. Constitution being signed.
Human remains found in Indiana in 1993 are identified as a South Carolina native
Relatives of Michael Benjamin Davis said they had lost contact with him in the late 1980s, the Johnson County coroner’s office said.
A man is killed and an officer shot as police chase goes from Illinois to Indiana and back
“The pursuit came back into Illinois and the suspect crashed in Sheldon. The suspect exited his vehicle and gunfire was exchanged,” state police said.
Questions remain over former Indiana sheriff Jamey Noel’s eligibility for public pensions
Noel faces a 15-year prison sentence but with three of those years suspended to probation if the deal is approved by the judge. He ultimately could serve as little as six years with good time credit.
Former DCS attorney suspended for forging signatures in CHINS cases
A former Indiana Department of Child Services staff attorney has been suspended from the practice of law for forging family case managers’ names to child in need of services petitions while he worked for the state agency.
Opinions September 3, 2024
Indiana Court of Appeals
Michael DeGrado, Sr. v. Kari A. DeGrado
24A-DC-187
Domestic relations with children. Affirms the Lake Superior Court’s granting of Michael DeGrado’s petition to modify his child support payments to Kari DeGrado. Finds that the trial court should have permitted Michael DeGrado to present argument and evidence regarding the extracurricular expenses. Reverses the trial court’s judgment to the extent that it refused to consider this issue. Remands with instructions that the trial court consider the issue of the parents’ share of extracurricular expenses. Also finds that the father has failed to establish clear error with regard to the issue of his reimbursed expenses.