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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.

7th Circuit affirms sentence in wire fraud case where victim was repaid before criminal proceedings

February 12, 2024 | Daniel Carson

When a man’s efforts to defraud a friend out of $310,000 were detected should take priority in his sentencing for wire fraud, regardless of the fact that he paid her back before any criminal proceedings took place, the 7th Circuit Court of Appeals has affirmed.

Summary judgment briefing partially stayed in Anderson redistricting dispute

February 12, 2024 | IL Staff

Summary judgment briefing has been partially stayed in an electoral redistricting lawsuit that alleges Anderson’s city council districts violate constitutional and statutory rights.

COA affirms, finds division of marital estate in favor of husband was not in error

February 12, 2024 | Alexa Shrake

A trial court correctly awarded a Delaware County man 62% of a marital estate in a divorce case, the Court of Appeals of Indiana ruled Monday in affirming the court’s determination to divide the estate in the husband’s favor.

Opinions Feb. 12, 2024

February 12, 2024

Monday opinions
Court of Appeals of Indiana
Lela Jo Boucher v. Dennis J. Doyle
23A-DN-1534
Domestic relations without children. Affirms the Delaware Circuit Court’s order dividing the marital estate in favor of Dennis Doyle. Finds Lela Jo Boucher failed to demonstrate that the trial court’s deviation from the presumptive equal split of the marital estate was clearly erroneous.

COA reverses negligent parental supervision judgment, affirms premises liability ruling in case involving alleged molestation

February 12, 2024 | Alexa Shrake

The parents of a Johnson County juvenile accused of child molestation owed a duty to the “foreseeable victim of a foreseeable harm” that was allegedly molested in the case, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment on a negligent parental supervision claim.

 

Will Biden and Trump face one another in presidential debates? There’s no commitment yet

February 12, 2024 | Associated Press

There’s uncertainty whether President Joe Biden and former President Donald Trump will participate in debates this year ahead of the November presidential election.

Indiana has a problem: a lack of nurses. And lawmakers are trying to help.

February 12, 2024 | Indiana Capital Chronicle

A proposed Indiana House bill looks to continue expanding the nursing workforce by addressing foreign-educated nursing licensure requirements and on-the-ground training.

Trump faces Monday deadline to ask the Supreme Court for a delay in his election interference trial

February 12, 2024 | Associated Press

Former President Donald Trump faces a Monday deadline for asking the Supreme Court to extend the delay in his trial on charges he plotted to overturn his 2020 election loss.

Filing deadline passes: Six gubernatorial hopefuls to appear on GOP ballots

February 12, 2024 | Indiana Capital Chronicle

Dozens of candidates for Indiana’s top elected offices will hit Hoosier primary ballots this spring — including a whopping eight gubernatorial hopefuls, more than 150 state-level job-seekers and more than five-dozen congressional contenders.

IN Supreme Court reverses, remands for trial court to enter judgment on implied easement of necessity claim

February 9, 2024 | Alexa Shrake

The Indiana Supreme Court reversed a trial court’s grant of summary judgment for a Hamilton County property owner’s easement-by-prior-use claim in a dispute with an adjacent property holder.

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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

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

  • List of new Indiana laws approved this year

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

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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