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House keeps retention mandate in literacy overhaul bill; makes tweaks to higher ed measures

February 27, 2024 | Indiana Capital Chronicle

A mandate to require reading-deficient third graders to be held back a year in school withstood challenges from Democrats on Monday — though some Republican lawmakers joined in opposing stricter retention.

Supreme Court casts doubt on GOP-led states’ efforts to regulate social media platforms

February 27, 2024 | Associated Press

The Supreme Court cast doubt Monday on state laws that could affect how Facebook, TikTok, X, YouTube and other social media platforms regulate content posted by their users.

Opinions Feb. 26, 2024

February 26, 2024

Court of Appeals of Indiana
Starr Indemnity & Liability Co. et al. v. NIBCO INC.
23A-PL-1343
Civil plenary. Reverses the Elkhart Superior Court’s judgment reinstating NIBCO’s declaratory judgment action against Starr Indemnity & Liability Co., et.al.. Finds the trial court erred by reinstating the action. Also finds that relief from the judgment was only available to NIBCO under Indiana Trial Rule 60 (B) and because the company failed to act within the time permitted by the rule, it was not entitled to reinstatement.

7th Circuit hears oral arguments regarding Indiana law prohibiting ‘human sexuality’ instruction in grades K-3

February 26, 2024 | IL Staff

The 7th Circuit Court of Appeals heard oral arguments Friday in a case involving an Indianapolis teacher who is seeking preliminary injunction against a new Indiana law that prohibits instruction on human sexuality in grades K-3.

IN Supreme Court reprimands attorney for failure to transmit form, money to federal immigration office

February 26, 2024 | IL Staff

The Indiana Supreme Court has publicly reprimanded a South Bend attorney after she failed to ensure a waiver form for an immigration case successfully reached the United States Citizenship and Immigration Services’s office.

Trial court erred in reinstating declaratory judgment after it was dismissed, COA rules in reversal

February 26, 2024 | Daniel Carson

An Elkhart-based company failed to act within the time permitted under Indiana Trial Rule 60(B) and was not entitled to a trial court’s reinstatement of a declaratory judgement action, the Court of Appeals of Indiana ruled Monday in a reversal.

Insurance company not required to cover costs of replacing furnace refractory, 7th Circuit affirms

February 26, 2024 | Alexa Shrake

An insurer wasn’t responsible for indemnifying a Kendallville-based company for the cost of replacing an aluminum furnace refractory destroyed in an explosion, the 7th Circuit Court of Appeals ruled Friday in affirming a district court’s judgment .

IN Supreme Court suspends Portage attorney for failing to withdraw representation, engaging in misconduct

February 26, 2024 | IL Staff

The Indiana Supreme Court has ordered a Portage attorney to serve a 45-day suspension after he was found to have committed six violations of the state’s Professional Conduct Rules.

Senate leaders likely to seek quick dismissal of Mayorkas impeachment case

February 26, 2024 | Associated Press

For the third time in five years, senators will be sworn in as jurors for an impeachment trial. But the chamber is expected to spend far less time on the charges against Homeland Security Secretary Alejandro Mayorkas than the ones brought against former President Donald Trump.

Donald Trump appeals $454 million judgment in New York civil fraud case

February 26, 2024 | Associated Press

Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.

Foreclosure suit filed against owner of Wilshaw hotel property

February 26, 2024 | Mickey Shuey, Indianapolis Business Journal

The developers brought in to complete the long-stalled Wilshaw hotel project in Speedway have filed a foreclosure suit against the property owner, alleging failure to repay a loan.

Key lawmakers once balked at bills affecting active lawsuits. Is the ‘default’ approach dying?

February 26, 2024 | Indiana Capital Chronicle

Open lawsuits are off-limits to some Indiana lawmakers, while others consider the unwritten ban on legislative interference an unnecessary barrier to policy goals.

Attorney general discipline targeted in amendment

February 26, 2024 | Indiana Capital Chronicle

The Senate Elections Committee on Monday added an amendment to a bill that could block some Hoosiers from running for Attorney General.

7th Circuit affirms judgment that trial counsel’s failure to object was ‘reasonable strategic choice’

February 23, 2024 | Alexa Shrake

The Indiana Court of Appeals correctly denied a convicted child molester’s post-conviction relief petition after finding his counsel behaved competently, the 7th Circuit Court of Appeals affirmed Thursday.

Opinions Feb. 23, 2024

February 23, 2024

Friday opinions
Court of Appeals of Indiana
Fernando Marroquin v. Christina Reagle
23A-MI-2545
Miscellaneous. Reverses Elkhart Superior Court’s grant of summary judgment to the Commissioner of the Indiana Department of Correction Christina Reagle. Finds Indiana Code Section 11-8-8-19(f) doesn’t apply to Fernando Marroquin and that Indiana doesn’t require registration for Class D felony sexual misconduct with a minor.  Remands for the entry of summary judgment for Marroquin.

COA affirms 12-year sentence in rape case, but cites double jeopardy in reversing criminal confinement, pair of sexual battery convictions

February 23, 2024 | Alexa Shrake

An Evansville man’s 12-year aggregate sentence for rape and one count of sexual battery was appropriate, given his prior criminal history and the nature of his sex crimes, but his criminal confinement and two additional sexual battery convictions violated his protection against double jeopardy, the Court of Appeals of Indiana has ruled in a partial reversal.

Highland man sentenced to prison for mail theft

February 23, 2024 | IL Staff

A Highland man caught stealing mail is facing more than two years in prison after being sentenced in the United States District Court for the Northern District of Indiana.

Elkhart County man not required to register as sex offender upon return to state, COA rules in reversal

February 23, 2024 | Daniel Carson

An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.

South Carolina bans inmates from in-person interviews. A lawsuit wants to change that

February 23, 2024 | Associated Press

A South Carolina prison policy banning inmates from speaking to reporters in person or having their writings directly published violates the First Amendment free speech rights of prisoners, a civil rights organization said in a federal lawsuit Thursday.

Bible-quoting Alabama chief justice sparks church-state debate in embryo ruling

February 23, 2024 | Associated Press

When the Alabama Supreme Court ruled that frozen embryos are considered children under state law, its chief justice had a higher authority in mind.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County to expand government center for more courts

  • Art project depicts Indiana’s 92 county courthouses

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

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

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

  • List of new Indiana laws approved this year

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

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