2 attorneys suspended for noncooperation
| IL Staff
The Indiana Supreme Court has issued a pair of orders suspending two attorneys for noncompliance with the Indiana Supreme Court Disciplinary Commission.
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Rovner taking senior status in 7th Circuit after lengthy career on federal bench
A judge who broke ground as the first woman to serve on the 7th Circuit Court of Appeals has announced she will be taking senior status, creating a new vacancy for the federal appellate court.
Attorney disciplined by IN Supreme Court following OWI, trespass convictions
| IL Staff
The Indiana Supreme Court issued a disciplinary order Friday for a Brownsburg attorney following her conviction of operating a vehicle while intoxicated and, later, two counts of criminal trespass in violation of Indiana Rules of Professional Conduct.
Opinions Jan. 15, 2024
The following 7th Circuit Court of Appeals opinion was published after IL’s deadline Friday:
United States of America v. David Hueston
23-1057
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly A. Brady.
Criminal. Affirms the judgment of the U.S. District Court for the Northern District of Indiana in its denial of a motion to suppress evidence. Finds the district court reasonably found the detectives’ testimony was credible and because the good-faith exception applied, it correctly denied David Hueston’s motion to suppress evidence. Also finds Hueston failed to present evidence that the issuing judge was not acting in a neutral and detached way.
DEI opponents are using a 1866 Civil Rights law to challenge equity policies in the workplace
Opponents of workplace diversity programs are increasingly banking on a section of the Civil Rights Act of 1866 to challenge equity policies as well as funding to minority-owned businesses.
Donald Trump’s grip on Republican politics is put to the test in ice-cold Iowa’s caucuses
Voting is set to begin Monday night in icy Iowa as former President Donald Trump eyes a victory that would send a resounding message that neither life-threatening cold nor life-changing legal trouble can slow his march toward the Republican Party’s 2024 nomination.
Fueled by unprecedented border crossings, a record 3 million cases clog US immigration courts
There are an unprecedented 3 million currently pending in immigration courts around the United States. Fueled by record-breaking increases in migrants who seek asylum after being apprehended for crossing the border illegally, the court backlog has grown by more than 1 million over the last fiscal year.
Judge rules in favor of South Bend in 25-foot ‘buffer zone’ lawsuit
A federal judge on Friday rejected a request to block an Indiana law establishing a so-called “buffer zone” around law enforcement during official duties, a measure that includes both the public and the press.
Corydon woman’s amended civil rights complaint dismissed with prejudice in federal court
A Black Corydon woman’s amended civil rights complaint failed to present sufficient claims against several town defendants and Harrison County commissioners, a federal judge ruled in dismissing the lawsuit with prejudice.
Wadle test finds man’s sex crime convictions involved mutually exclusive acts
A man’s convictions for different forcible sexual acts against a woman following a concert did not constitute double jeopardy, the Court of Appeals of Indiana ruled Friday in affirming a lower court’s decision.
ACLU of Indiana wins preliminary injunction in lawsuit against IN BMV commissioner
The U.S. District Court for the Southern District of Indiana granted a preliminary injunction Thursday that allows residents who live in the state under federal humanitarian protections access to Indiana driver’s licenses or identification cards.
Karozos appointed to second term as state public defender
| IL Staff
The Indiana Supreme Court issued an order Monday reappointing State Public Defender Amy E. Karozos. Karozos will serve a second four-year term beginning Jan. 13, 2024, with the term expiring on Jan. 13, 2028.
Opinions Jan. 12, 2024
Court of Appeals of Indiana
Thomas Stone v. State of Indiana
23A-CR-625
Criminal. Affirms Thomas Stone’s convictions of three counts of Level 3 felony rape. Finds that for two of Stone’s rape convictions, as neither is included in the other, they do not constitute violations of double jeopardy principles.
House panel moves retiree 13th check, hears concerns on school referenda levy cap
The House Ways and Means Committee on Thursday unanimously advanced a Republican leadership priority bill offering public retirees a bump in benefits.
US intensifies oversight of Boeing, will begin production audits after latest mishap for planemaker
The Federal Aviation Administration will begin auditing Boeing’s aircraft production and increase oversight of the troubled manufacturer after a panel blew off a jetliner in midflight last week, the last in a string of mishaps for its marquee aircraft.
Some Americans will get their student loans canceled in February as Biden accelerates his new plan
The Biden administration will start canceling student loans for some borrowers in February as part of a new repayment plan that’s taking effect nearly six months ahead of schedule.
Inmate gets life sentence for killing fellow inmate, stabbing a 2nd at federal prison in Indiana
A federal inmate already serving a life sentence has been sentenced to a second life term after pleading guilty to fatally strangling a fellow inmate and stabbing a second inmate at a federal prison in Indiana.
M&A attorneys predicting stronger 2024; deals could benefit from more stable interest rates, economy
For some Indiana law firms involved with mergers and acquisitions, 2023 was a slower year.But attorneys like David Barrett, an executive partner in Faegre Drinker Biddle & Reath LLP’s Indianapolis office, say they expect things to pick up in 2024.
Opinions Jan. 11, 2024
Court of Appeals of Indiana
In Re: The Paternity of V.D.; Brittney Kozenko (Mother) v. Isaac Diaz (Father)
23A-JP-688
Juvenile paternity. Affirms the portion of the Carroll Circuit Court’s order denying mother Brittney Kozenko’s request to relocate to Utah with the parties’ child, but reverses the grant of primary physical custody to father Isaac Diaz. Finds sufficient evidence was presented to support the determination that relocation was not in the child’s best interests. Also finds the trial court clearly erred when it awarded primary physical custody to father. Remands with instructions to enter an order that reflects the trial court’s reconsideration and clarification of that issue and includes a determination regarding what physical custody award is in child’s best interests.
IN Tax Court rules in favor of state revenue department in toll road tax dispute
The Indiana Toll Road’s lease established it as a publicly maintained road for the 2016 and 2017 tax years, the Indiana Tax Court ruled Wednesday in denying three motor carriers’ claims that they should be awarded motor fuel tax refunds for those years.
