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COA reverses summary judgment order in case involving IU student hit by falling window

December 27, 2023 | Daniel Carson

Whether a window that fell and struck an Indiana University student in a campus building was under the control and management of the university constitutes a genuine issue of material fact, the Court of Appeals of Indiana ruled in reversing a lower court’s decision to grant summary judgment.

A US delegation to meet with Mexican government for talks on the surge of migrants at border

December 27, 2023 | Associated Press

A top U.S. delegation is to meet with Mexico’s president Wednesday in what many see as a bid to get Mexico to do more to stem a surge of migrants reaching the U.S. southwestern border.

Americans sour on the primary election process and major political parties, an AP-NORC poll says

December 27, 2023 | Associated Press

Many Republicans aren’t certain that votes will be counted correctly in their contest, as pessimism spreads about the future of both the Democratic and Republican parties, according to a new poll from The Associated Press-NORC Center for Public Affairs Research.

Michigan Supreme Court will keep Trump on 2024 ballot

December 27, 2023 | Associated Press

Michigan’s Supreme Court is keeping former President Donald Trump on the state’s primary election ballot.

Woman sentenced in straw purchase of gun used to kill Illinois officer and wound another

December 27, 2023 | Associated Press

A woman has been sentenced to 8 1/2 years in prison after taking part in the straw purchase of a handgun that was used to kill one central Illinois police officer and wound another during a shootout.

U.S. Southern District of Indiana updates prisoner e-filing program

December 26, 2023 | Alexa Shrake

The U.S. District Court for the Southern District of Indiana has released a new general order updating a prisoner electronic filing program.

judges-courthouse-4670-2col.jpg

IN Supreme Court prepared for first oral arguments of new year

December 26, 2023 | IL Staff

The Indiana Supreme Court’s first two oral arguments of 2024 will involve cases dealing with methamphetamine possession and juvenile adjudication. The two cases will be heard Jan. 11.

Man sentenced to 145 years for murders in Vanderburgh County

December 26, 2023 | IL Staff

A Vanderburgh Superior Court judge sentenced a man to 145 years in prison on Dec. 15 after his conviction in November on two murder counts, the county’s prosecutor’s office announced.

Opinions Dec. 26, 2023

December 26, 2023

The following Indiana Tax Court opinion was published after Indiana Lawyer’s deadline Friday:
Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assoc., Inc., and Oakmont Homeowners Assoc., Inc. v. Marion County Assessor
22T-TA-1
Tax. Grants the Marion County Assessor’s motion to dismiss. Finds the Indiana Tax Court lacks subject matter jurisdiction to hear the appeal. Also finds the Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assn., Inc. and Oakmont Homeowners Assoc. initiated an appeal before they consummated the administrative review process and received a final determination from the Indiana Board of Tax Review. Remands the matter to the tax review board for action consistent with the opinion.

IN Tax Court dismisses appeal in Marion County, HOAs assessment dispute

December 26, 2023 | Daniel Carson

A group of Marion County homeowners’ associations prematurely filed an appeal of their property assessment case’s dismissal at the administrative level, the Indiana Tax Court ruled in granting a motion to dismiss the appeal and remanding the case to the Indiana Board of Tax Review.

With the Supreme Court on sideline for now, Trump’s lawyers press immunity claims before lower court

December 26, 2023 | Associated Press

Donald Trump was acting within his role as president when he pressed claims about “alleged fraud and irregularity” in the 2020 election, his lawyers told a federal appeals court in arguing that he is immune from prosecution.

1st Amendment claim struck down in Project Veritas case focused on diary of Biden’s daughter

December 26, 2023 | Associated Press

Criminal prosecutors may soon get to see over 900 documents pertaining to the alleged theft of a diary belonging to President Joe Biden’s daughter after a judge rejected the conservative group Project Veritas’ First Amendment claim.

In battleground Arizona, Robert F. Kennedy Jr. draws Biden and Trump voters united by distrust

December 26, 2023 | Associated Press

Allies of both Republican Donald Trump and President Joe Biden have expressed concerns that Robert F. Kennedy Jr.’s independent bid could pull votes from their candidate in next year’s expected general election rematch.

Israel, Hamas measures get look as most state legislatures prepare to meet

December 26, 2023 | Associated Press

Most U.S. state legislatures including Indiana’s will reconvene in January for the first time since Hamas’ Oct. 7 attack on Israel sparked a war in Gaza and protests worldwide—and they’re preparing to take action in response, both symbolic and concrete.

Opinions Dec. 22, 2023

December 22, 2023

Court of Appeals of Indiana
Justin Mercer v. Maribel Vega-Jimenez (mem. dec.)
23A-DC-993
Domestic relations with children. Affirms the Newton Superior Court’s order granting Maribel Vega-Jimenez’s request to modify parenting time. Finds the trial court did not abuse its discretion because it implicitly found modification was in the children’s best interests when it indicated Vega-Jimenez met her burden to modify the parenting time schedule.

JNC certifies, recertifies 67 senior judges for 2024

December 22, 2023 | IL Staff

Two new judges have been certified as senior judges while 65 existing senior judges have been recertified for 2024.

Justices split in denying transfer to case where sexual misconduct convictions were overturned

December 22, 2023 | IL Staff

The Indiana Supreme Court denied transfer to 16 cases last week, splitting in the denial to one case involving a man whose convictions of sexual misconduct with a minor were overturned on double jeopardy grounds.

Elkhart, former law enforcement officers to pay $11.7M to settle Royer wrongful conviction case

December 22, 2023 | Olivia Covington

The city of Elkhart and several former law enforcement officers have agreed to pay $11,725,000 to settle a wrongful conviction lawsuit filed by a man with an intellectual disability who was exonerated from a murder conviction after nearly 17 years in prison.

For years, he couldn’t donate at the blood center where he worked. Under new FDA rules, now he can

December 22, 2023 | Associated Press

Thanks to new federal guidelines finalized in May, gay and bisexual men in monogamous relationships can now donate at many blood centers around the country without abstaining from sex.

New Mexico prepares for June presidential primary amid challenge to Trump candidacy

December 22, 2023 | Associated Press

New Mexico’s major political parties are scheduled to certify presidential contenders to appear on the state’s June 4 primary ballot, amid uncertainty about whether Donald Trump can be barred from contention by any state under anti-insurrection provisions of the U.S. Constitution.

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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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