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Opinions May 16, 2024
Indiana Court of Appeals
Jason Kelly and Myka Kelly v. State of Indiana, et al.
23A-CT-1845
Civil tort. Affirms the Wabash Circuit Court’s granting of a partial motion by the State of Indiana to dismiss Jason and Myka Kelly’s breach of contract claim against the Indiana Department of Child Services and several individual DCS employees. Finds that the trial court did not err in entering judgment as a matter of law in favor of the state. Also finds the Kellys have not alleged and there is no evidence in the record that the state engaged in acts of contractual sabotage or bad faith. Finally, finds that because the approval of the governor, which is statutorily required, and the approval of the attorney general were not obtained, and, where there is no evidence in the record that the state engaged in acts of contractual sabotage or bad faith, the agreement is not enforceable.
Attorney General Rokita warns universities they could lose funding due to antisemitism on campuses
Indiana Attorney General Todd Rokita sent letters to multiple universities Monday as a warning that those schools are required to enforce Title VI of the Civil Rights Act of 1964 by combating all forms of antisemitism on their campuses or they could lose federal funding.
Carmel man sentenced for role in $2.1M institutional fraud scheme
A 35-year-old Carmel man has been sentenced to nearly three years in prison after helping steal more than $2.1 million from a credit union, the U.S. Department of Justice announced Wednesday.
Indianapolis officer fatally shoots man during exchange of gunfire with suspect in earlier shooting
An Indianapolis police officer fatally shot a man Wednesday during an exchange of gunfire with the man, who was suspected in an earlier shooting, police said.
White House blocks release of Biden’s special counsel interview audio, says GOP is being political
President Joe Biden has asserted executive privilege over audio of his interview with special counsel Robert Hur that’s at the center of a Republican effort to hold Attorney General Merrick Garland in contempt of Congress, the Justice Department told lawmakers in a letter publicly released on Thursday.
Will jurors believe Michael Cohen? Defense keys on witness’ credibility at Trump’s hush money trial
With prosecutors’ hush money case against Donald Trump barreling toward its end, their star witness will be back in the hot seat Thursday as defense lawyers try to chip away at Michael Cohen’s crucial testimony implicating the former president.
Opinions May 15, 2024
Indiana Court of Appeals
Thomas S. Gray v. State of Indiana
23A-CR-1871
Criminal. Affirms the Allen Superior Court’s revocation of Thomas Gray’s probation. Finds that Gray admitted that he committed Level 5 felony child exploitation when he pled guilty and a person of ordinary intelligence would understand that active participation in a treatment program intended to treat criminal behavior would require the person to take responsibility for committing that crime. Also finds that Additional Condition of Probation #2 adequately informed Gray that his failure to comply with the conditions of the sexual perpetrator treatment program would result in a probation violation, and therefore, it was not unconstitutionally vague.
Indiana Supreme Court approves two transfers of cases, denies 27
The Indiana Supreme Court granted the transfer of two cases and denied 27 for the week ending May 10.
Longtime Allen County judge to retire later this year
Allen Superior Court announced Tuesday the retirement of Judge David Avery whose last day on the bench will be Dec. 13 after 24 years.
Lawmakers to examine AI, Medicaid costs and more over interim
When Indiana lawmakers next converge upon the Statehouse for interim committee meetings, they’ll take on artificial intelligence (AI), Medicaid spending and more — but won’t take another look at marijuana.
Cohen gives insider details at trial as Trump’s defense attorney accuses him of seeking vengeance
It wasn’t until after a decade in the fold, after his family pleaded with him, after the FBI raided his office, apartment and hotel room, Michael Cohen testified Tuesday, that he finally decided to turn on Donald Trump.
Senators urge $32 billion in emergency spending on AI after finishing yearlong review
A bipartisan group of four senators led by Majority Leader Chuck Schumer is recommending that Congress spend at least $32 billion over the next three years to develop artificial intelligence and place safeguards around it, writing in a new report released Wednesday that the U.S. needs to “harness the opportunities and address the risks” of the quickly developing technology.
Content creators sue U.S. government over law that could ban TikTok
Eight TikTok content creators sued the U.S. government on Tuesday, issuing another challenge to the new federal law that would ban the popular social media platform nationwide if its China-based parent company doesn’t sell its stakes within a year.
Tennessee governor OKs bill allowing death penalty for child rape convictions
The new Tennessee law, which goes into effect July 1, authorizes the state to pursue capital punishment when an adult is convicted of aggravated rape of a child.
Legislative study committee to consider adding courts, judges
Legislative study committees this summer will consider the addition of more courts in underserved counties and ways to improve outcomes for foster children.
AG sues former Clark County sheriff over nearly $4.5M in ‘unlawful’ purchases
Former Clark County Sheriff Jamey Noel and members of his family are accused of using public money to pay for everything from designer clothes to college tuition to a small airplane.
As House Speaker heads to court with Trump, hush money witness Cohen is testifying
Trump, the first former U.S. president to go on trial, was joined at the courthouse by an entourage that included House Speaker Mike Johnson, who claimed the case was politically motivated by Democrats.
Attorney says settlement being considered in NCAA antitrust case could withstand future challenges
A deadline looms next week for the NCAA and major conferences to agree to a deal that could cost billions in damages and set up a groundbreaking revenue-sharing system with college athletes.
GOP attorneys general sue Biden administration and California over rules on gas-powered trucks
Nebraska Attorney General Mike Hilgers is leading the group of GOP attorneys general—including Indiana’s Todd Rokita—who filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit to overturn an Environmental Protection Agency rule limiting truck emissions.
