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7181 results for 'articles'

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COA rebukes trial judge in reversing custody order

January 11, 2024 | Alexa Shrake

While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary.

COA affirms denial of mother’s request to relocate to Utah

January 11, 2024 | Alexa Shrake

A mother who appealed the denial of her requests to relocate to Utah with her child has failed to convince the Court of Appeals of Indiana that the trial court erred in its custody determinations.

Indiana lawmakers move forward with bills to ban antisemitism, expand workforce training funds

January 11, 2024 | Indiana Capital Chronicle

Indiana lawmakers are fast-tracking a bill they say will ban antisemitism in public educational institutions — although critics of the proposal maintain it limits free speech and conflates anti-Jewish rhetoric with criticism of a foreign government.

Engine maker Cummins must repair 600,000 Ram trucks in $2B emissions cheating settlement

January 11, 2024 | Indianapolis Business Journal Staff and Associated Press

Cummins Inc. must complete a recall of 600,000 Ram trucks as part of a settlement with federal and California authorities that also requires the company to remedy environmental damage caused by illegal software that let it skirt diesel emissions tests.

fees

Donald Trump’s civil fraud trial in New York heads to closing arguments after bomb threat

January 11, 2024 | Associated Press

Donald Trump’s New York civil fraud trial is back in session Thursday for closing arguments after authorities responded to a bomb threat at the home of the judge who moved this week to prevent the former president from delivering his own closing statements.

Federal judge says Alabama can conduct nation’s 1st execution with nitrogen gas; appeal planned

January 11, 2024 | Associated Press

Alabama will be allowed to put an inmate to death with nitrogen gas later this month, a federal judge ruled Wednesday, clearing the way for what would be the nation’s first execution using a new method the inmate’s lawyers criticize as cruel and experimental.

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Rush’s State of the Judiciary focuses on judges’ efforts in Indiana communities, state investments in courts

January 10, 2024 | Alexa Shrake

Indiana Chief Justice Loretta Rush recognized some of the state’s judges and their community efforts in trying to assist people with behavioral and mental health needs, as well as efforts by judicial officers to help the state’s veterans and families.

ACLU of Indiana files lawsuit alleging 4th Amendment violations by school dean, nurse for invasive search

January 10, 2024 | Alexa Shrake

The American Civil Liberties Union of Indiana has filed a lawsuit requesting damages and alleging that a teenager’s constitutional rights were violated.

Prof’s abortion-related defamation lawsuit against Notre Dame student publication dismissed

January 10, 2024 | Alexa Shrake

A Notre Dame University professor’s defamation lawsuit against a student newspaper related to her abortions-rights advocacy was dismissed Monday.

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Opinions Jan. 10, 2024

January 10, 2024

Court of Appeals of Indiana
Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.

Denial of motion to replace counsel on morning of sentencing was not error, COA affirms

January 10, 2024 | Daniel Carson

A man’s displeasure with his appointed counsel in a manslaughter case did not require a trial court to replace the public defender the morning of a sentencing hearing, the Court of Appeals of Indiana affirmed Wednesday.

Indiana federal judge nominees being renominated by Biden administration

January 10, 2024 | Daniel Carson

Indiana’s judicial nominees to 7th Circuit Court of Appeals and the U.S. District Court for the Northern District of Indiana are being formally renominated by the Biden administration after Senate Republicans returned their names to the White House on Dec. 20.

Holcomb makes workforce push in final State of the State address

January 10, 2024 | Peter Blanchard, Indianapolis Business Journal

In his eighth and final State of the State address Tuesday, Gov. Eric Holcomb called for commitments to improving third-grade reading levels, expanding the child care workforce and building greater awareness of the state’s jobs programs.

With Trump present in court, judges express skepticism of claims he’s immune from prosecution

January 10, 2024 | Associated Press

With Donald Trump listening intently in the courtroom, federal appeals court judges in Washington expressed skepticism Tuesday that the former president is immune from prosecution on charges that he plotted to overturn the results of the 2020 election.

Lawyers may face discipline for criticizing judge’s ruling in discrimination case

January 10, 2024 | Associated Press

A father-daughter pair of lawyers in Florida may face disciplinary action for speaking out against a judge’s ruling that overturned a jury decision awarding $2.7 million to a Black doctor who alleged he was subjected to racial discrimination.

Opinions Jan. 9, 2024

January 9, 2024

Indiana Supreme Court
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
23S-CT-182
Civil tort. Affirms the St. Joseph Superior Court’s summary judgment order for Spear Corporation and Panzica Building Corporation. Reverses summary judgment for Beacon Health and Fitness. Finds Beacon was not entitled to summary judgment on any count, except as to the count regarding the single issue of the level of the water. Also finds some evidence that the risk of harm was foreseeable regarding the injury suffered by Jennifer Pennington, who collided with the corner of a swimming pool wall. Finally, finds the plaintiffs designated no admissible evidence that Spear or Panzica breached their professional duty of care. Remands for trial on all the claims against Beacon.

Split COA affirms denial of PCR to woman with intellectual disabilities convicted of child molesting

January 9, 2024 | Alexa Shrake

A woman with intellectual disabilities whose sentence for child molesting was already cut in half failed in her bid to convince the Court of Appeals of Indiana that she was entitled to post-conviction relief.

Marijuana, meth convictions reversed for insufficient evidence, double jeopardy

January 9, 2024 | Alexa Shrake

The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.

Merrillville municipal judge loses summary judgment appeal in litigation over court’s closure

January 9, 2024 | Olivia Covington

In the continued litigation over whether and when the Merrillville Town Court should be shut down, the court’s judge has lost his appeal of a summary judgment ruling in favor of the town council’s passage of an ordinance on the court’s eventual closure.

IN Supreme Court rejects summary judgment for owner of fitness facility where swimmer suffered head injury

January 9, 2024 | Olivia Covington

The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.

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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

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

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

  • List of new Indiana laws approved this year

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