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Hamer: Commercial property environmental due diligence

February 14, 2024 | Melissa A. Hamer

Many new property owners and lessors also aren’t aware of — and don’t budget for — the duty to perform ongoing obligations in order to keep whatever legal defenses they may have from their environmental site assessment.

DTCI: 2024 eclipse may eclipse ‘business as usual’ for employers

February 14, 2024 | Germaine Winnick Willett and From DTCI

At 3:06 p.m. on April 8, the city of Indianapolis will experience its first total solar eclipse in 819 years. As an attorney who advises employers, the impact of this rare celestial event on Indiana’s employers has been on my mind.

‘They want to be regular kids’: Bill would create ‘concurrent planning’ that pursues reunification, adoption at the same time

February 14, 2024 | Alexa Shrake

Under HB 1310, a permanency plan must include at least one intended permanent arrangement other than reunification. That’s a process known as “concurrent planning,” or pursuing two reunification plans at once.

IndyBar: WLD Mentorship Reception emphasizes importance of relationships

February 14, 2024 | From IndyBar and Rebecca Berfanger

The IndyBar Women and the Law Division’s mentoring program connects mentors and mentees to navigate a legal career from just out of law school to 20 years or more in the field.

Election vs. selection: An update on the dispute over Lake Superior Court judges

February 14, 2024 | Olivia Covington

The dispute over judicial elections versus merit selection in Indiana’s most populous — and diverse — counties isn’t new, but it is ongoing. Right now, the debate seems to be centered on Lake County.

IndyBar: Hair Discrimination Has No Age Limits

February 14, 2024 | From IndyBar and Roya Porter

Please join the Marion County Bar Association, which will host Jantina Anderson, an IUPUI doctoral candidate, to speak on the topic of hair discrimination as part of a statewide racial equity humanities initiative in partnership with Indiana Humanities.

Alson and Pashos: Judicial deference to administrative agencies in 2024

February 14, 2024 | Mark Alson and Kay Pashos

In the four decades since Chevron was decided, it has been cited in more than 18,000 cases. Today, however, the future of the “Chevron deference” is uncertain.

Sugarman: Change coming to judicial review of agency action in Indiana?

February 14, 2024 | Bradley R. Sugarman

Two cases currently pending before the United States Supreme Court have the potential to change the face of administrative law at the federal and, perhaps, state level by eliminating or significantly curtailing Chevron deference.

IndyBar: 2024 Indianapolis Bar Foundation Installation Remarks

February 14, 2024 | From IndyBar and Travis Jensen

On Jan. 25, the Indianapolis Bar Foundation celebrated the installation of its 28th president, Travis N. Jensen. The following is the address he gave to the nearly 200 members, family, and friends in attendance.

Indiana Court Decisions: Jan. 25-Feb. 7, 2024

February 14, 2024

Read Indiana appellate court decisions from the most recent reporting period.

COA splits in reducing 220-year sentence for teen convicted in ‘worst of the worst’ murder

February 13, 2024 | Alexa Shrake

A convicted murderer sentenced as a teen to more than 200 years will have his sentence reduced to 135 years, although one Court of Appeals of Indiana judge would uphold the 220-year term.

Grandmother had standing to seek visitation, COA affirms in adoption case

February 13, 2024 | Daniel Carson

A grandmother who filed her grandparent visitation petition before her grandchild was adopted had standing to bring the action under the state’s Grandparent Visitation Act, the Court of Appeals of Indiana affirmed Tuesday.

grandparents-2col.jpg

Opinions Feb. 13, 2024

February 13, 2024

Court of Appeals of Indiana
Desmond Banks v. State of Indiana
23A-CR-896
Criminal. Affirms and reverses in part Desmond Banks’ convictions in a quadruple murder and his de facto life sentence. Finds the Marion Superior Court properly denied Banks’ motion for mistrial based on Critical Emergency Response Team members approaching and standing behind him as jurors filed out of the courtroom. Also finds three of the four robbery convictions should be vacated due to insufficient evidence. Finally, finds Desmond’s convictions for the murder and Level 2 felony robbery of Marcel Wills constitute double jeopardy, and his 220-year sentence is inappropriate. Reduces his sentence to 135 years. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery. Judge Cale Bradford concurs in part and dissents in part with separate opinion.

Rush to keynote Women’s History Month celebration

February 13, 2024 | IL Staff

Indiana Chief Justice Loretta Rush will keynote this year’s Women’s History Month celebration hosted by the U.S. District Court for the Southern District of Indiana and the Indianapolis Bar Association.

IN justices: Dram Shop Act modified, not eliminated, liability for businesses serving alcohol

February 13, 2024 | Daniel Carson

The state’s Dram Shop Act modified, but did not eliminate, common law liability for entities that serve alcohol, the Indiana Supreme Court ruled Monday.

Trump asks Supreme Court to put off election interference trial, claiming immunity

February 13, 2024 | Associated Press

Former President Donald Trump is asking the Supreme Court to extend the delay in his election interference trial, saying he is immune from prosecution on charges he plotted to overturn his 2020 election loss.

Senate passes a $95.3 billion aid package for Ukraine and Israel, but fate in the House is uncertain

February 13, 2024 | Associated Press

The Senate early Tuesday passed a $95.3 billion aid package for Ukraine, Israel and Taiwan, pushing ahead after months of difficult negotiations and amid growing political divisions in the Republican Party over the role of the United States abroad.

Holcomb signs first bill of 2024, rolls back wetlands protections

February 13, 2024 | Indiana Capital Chronicle

Indiana Gov. Eric Holcomb signed the first bill to hit his desk in the 2024 legislative session: one further eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.

Controversial elections security bill could see changes

February 13, 2024 | Indiana Capital Chronicle

House Bill 1264 has won praise from some who say it would improve election security. But it’s also rankled voting rights advocates — who fear it could disenfranchise some eligible voters — and deadlocked the bipartisan state clerks association.

Indiana high court weighs Rust’s challenge to appear on primary ballot in U.S. Senate race

February 13, 2024 | Indiana Capital Chronicle

Whether U.S. Senate hopeful John Rust can appear on Indiana’s primary ballot is now up to the state’s supreme court justices.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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

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