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Opinions August 5, 2024

August 5, 2024

Indiana Court of Appeals
M.M. v. L.P.
23A-PO-2089
Protection order. Affirms the Clinton Circuit Court’s grant of a protection order against M.M. to protect his ex-wife, L.P. Finds that transfer to the special judge was not required and, even if the trial court should have granted the transfer, any error in this case was harmless. Also finds the trial court did not err when it denied the father’s request to transfer the matter to the special judge in the dissolution matter. Judge Leanna Weissmann dissents with separate opinion.

Indiana Court of Appeals to hold court in Fever practice gym

August 5, 2024 | IL Staff

The Indiana Court Appeals will be on the road for the three traveling oral arguments this month with one stop being the Indiana Fever Practice Court.

Americans are ‘getting whacked’ by too many laws and regulations, Justice Gorsuch says in a new book

August 5, 2024 | Associated Press

Gorsuch said in an Associated Press interview that Americans’ rights are threatened by the explosion of laws and regulations in recent decades

Russell Vought, a Project 2025 architect, is ready to shock Washington if Trump wins second term

August 5, 2024 | Associated Press

A chief architect of Project 2025, the controversial conservative blueprint to remake the federal government, Russell Vought is likely to be appointed to a high-ranking post in a second Trump administration.

Charitable care stagnant even as nonprofit hospitals sue Hoosiers

August 5, 2024 | Indiana Capital Chronicle

Patrick Lopez couldn’t breathe. He had dealt with asthma since childhood, but this was different. He felt like he was drowning. A doctor at Community Hospital in Munster confirmed it: his lungs were full of fluid and he would need to be admitted for COVID-19 complications. Lopez spent a week in the intensive care unit. […]

Bill to create more federal judgeships passes U.S. Senate

August 2, 2024 | Daniel Carson

A bipartisan bill co-authored by Indiana Republican Senator Todd Young has passed unanimously in the U.S. Senate and is now heading to the House of Representatives, as Congress looks to address judicial shortages in federal courts.

Applications open for judicial position in Allen Superior Court

August 2, 2024 | Maura Johnson

Applications are now open for a vacant superior court judge position with the Allen Superior Court.

Opinions August 2, 2024

August 2, 2024

7th Circuit Court of Appeals
Geft Outdoor, LLC v. City of Evansville, Indiana
Civil. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge James Sweeney. Affirms the district court’s dismissal of  Geft Outdoor’s  complaint against the City of Evansville that challenged the way the city’s ordinance handles permits and allows exceptions to (variances from) the height, spacing, and placement rules for off-premises signs. Finds that by focusing on its quest for a variance, GEFT disqualified itself from making a facial challenge. Also finds GEFT’s problem is not the lack of standing but the fact that it waged a facial challenge when it should have tried an as-applied challenge. Finally, finds the district court’s judgment is modified to make clear that GEFT loses on the merits rather than for lack of standing.

Indiana adopts NextGen bar exam, will begin in July 2028

August 2, 2024 | Alexa Shrake

The National Conference of Bar Examiners announced Thursday Indiana will begin using the NextGen bar exam in July 2028.

Indiana AG, Comptroller want proof of no funds supporting IU’s Kinsey Institute

August 2, 2024 | Indiana Capital Chronicle

Indiana Attorney General Todd Rokita and State Comptroller Elise Nieshalla want Indiana University to show “proof of compliance” with a 2023 state budget law that stripped state funding from the university’s Kinsey Institute for Research in Sex, Gender and Reproduction.

Emergency fuel waiver issued for four Midwest states to alleviate soaring gas prices after storms

August 2, 2024 | Associated Press

ExxonMobil shut down the refinery last month when severe weather swept through the region. The waiver, for Illinois, Indiana, Michigan and Wisconsin, will continue through Aug. 20.

Boosters and collectives would be targeted by mandatory disclosure of NIL deals. Is that legal?

August 2, 2024 | Associated Press

College sports leaders believe they have found a way through a massive antitrust settlement to finally separate “true NIL” for athletes from what they say is booster-funded pay-for-play.

Everwise Credit Union appoints new chief legal and risk officer

August 1, 2024 | IL Staff

Everwise Credit Union has appointed a new Chief Legal + Risk Officer, the first person to hold the brand-new role for the company.

Prosecutor Office’s Good Faith Initiative provides path for license reinstatement

August 1, 2024 | IL Staff

The Marion County Prosecutor’s Office is promoting a program this month created to help non-custodial parents reinstate their driver’s licenses and fulfill their child support obligations.

Legislation passed to address rape kit backlog in U.S.

August 1, 2024 | Alexa Shrake

President Joe Biden signed a bill Tuesday that will address the backlog of rape kits in the U.S. by opening funding for public crime laboratories to process DNA evidence from rapes and other violent crimes.

rape-kit-backlog-450bp.jpg

Opinions August 1, 2024

August 1, 2024

7th Circuit Court of Appeals
United States of America v. Christopher Truett
22-1349
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Affirms the district court’s decision to not hold a competency hearing for Christopher Truett and the court’s sentencing guidelines calculation for Truett’s drug conspiracy conviction. Finds that because the condition of Truett’s supervised release included only in the written judgment is a mandatory condition, the court declines to vacate that condition. Also finds that the district court did not abuse its discretion in not ordering a competency hearing sua sponte at the change-of-plea hearing.

Applications open for Crone vacancy on appellate bench

August 1, 2024 | Alexa Shrake

The Indiana Judicial Nominating Commission has begun accepting applications for the vacancy on the Indiana Court of Appeals created by the retirement of Judge Terry Crone.

In an attempt to reverse the Supreme Court’s immunity decision, Schumer introduces the No Kings Act

August 1, 2024 | Associated Press

Schumer’s No Kings Act being introduced Thursday would attempt to invalidate the decision by declaring presidents are not immune from criminal law.

Appeals court blocks Title IX rule protecting LGBTQ kids, reversing Alabama federal judge

August 1, 2024 | Indiana Capital Chronicle

The ruling from the U.S. Court of Appeals for the 11th Circuit on the eve of the updated regulations taking effect brings the total number of states where the rule is temporarily blocked to 26, including Indiana.

Mysterious ‘Protect Patients Indiana’ group drops $50K on vague health care ads

August 1, 2024 | Indiana Capital Chronicle

The 30-second ad features generic clips of doctors and patients inside hospitals. An off-camera narrator says Protect Patients Indiana “is committed to safeguarding our health care” by “reducing red tape, supporting local hospitals and their staff” and “ensuring access for all Hoosiers.”

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Indianapolis liquor stores lose permits after accusations of forged documents

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