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Zent latest state lawmaker to announce departure from General Assembly

December 28, 2023 | Associated Press

State Rep. Denny Zent of Angola has announced his intention to retire following the conclusion of his current term, becoming the second GOP state representative this month to do so.

Judge cuts probation for Indiana lawmaker after drunken driving plea

December 28, 2023 | Associated Press

A judge has cut short the probation for an Indiana state legislator who pleaded guilty to drunken driving charges after police say he crashed his pickup truck through an interstate highway guardrail and drove away.

Trump ballot ban appealed to US Supreme Court by Colorado Republican Party

December 28, 2023 | Associated Press

The Colorado Republican Party on Wednesday appealed that state’s supreme court decision that found former President Donald Trump is ineligible for the presidency, the potential first step to a showdown at the nation’s highest court.

 

Hamilton Southeastern HS, Fishers Junior High School named champions at annual We the People competition

December 27, 2023 | IL Staff

A pair of Hamilton County schools won the Indiana Bar Foundation’s High School and Middle School We the People: The Citizen and the Constitution state championships, held earlier in December.

Opinions Dec. 27, 2023

December 27, 2023

Court of Appeals of Indiana
Professional Construction Inc., and West Bend Mutual Insurance Company v. Historic Walnut Square LLC
23A-PL-654
Civil plenary. Reverses the Marion Superior Court’s denial of Professional Construction Inc. and West Bend Mutual Insurance Company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by Historic Walnut Square, LLC. Finds the trial court erred in determining that the contractor waived its right to demand arbitration and in refusing to stay the proceedings pending arbitration. Remands with instructions for the trial court to stay the litigation pending arbitration.

Litigation in Terre Haute housing project dispute must be stayed pending arbitration, COA rules in reversal

December 27, 2023 | Daniel Carson

A general contractor and insurance company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by a housing developer should not have been denied, the Court of Appeals of Indiana ruled Wednesday in reversing a trial court’s order.

IU McKinney alumna Reichard featured in Indiana Humanities’ writers program

December 27, 2023 | IL Staff

Longtime attorney and former judge Ruth Reichard is being featured in the Indiana Humanities “Write Now” series.

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.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrate judges

  • Legal troubles at Jack’s Donuts concern some local franchisees

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

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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

  • If approved, Terre Haute hospital merger would be the last under state law

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