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Opinions Dec. 13, 2023

December 13, 2023

Court of Appeals of Indiana
In the Matter of the Paternity of A.J.L.B., a Minor by his next friend Grisel Bonilla Lemus v. Jaime Lazo Alvarenga
23A-JP-1436
Juvenile paternity. Reverses the denial of mother Grisel Bonilla Lemus’ motions to correct error and to amend the pleadings to conform to the evidence seeking to amend the paternity petition to add a request for the findings required for special immigrant juvenile status. Finds the requested SIJ findings were before the Bartholomew Superior Court, so the court abused its discretion by denying the motion to correct error and the motion to amend the pleadings. Remands with instructions to grant the motions, allow amendment of the petition and amend the judgment to include the requested findings.

ABA legal ed council seeking comment on proposal to give accreditation to online-only schools

December 13, 2023 | IL Staff

Public comment is now being accepted on a proposal from an American Bar Association council to allow fully online law schools to apply for an earn provisional and full ABA approval.

SCOTUS will hear case that could undo Capitol riot charge against 100s, including Trump

December 13, 2023 | Associated Press

The Supreme Court on Wednesday said it will hear an appeal that could upend hundreds of charges stemming from the Capitol riot, including against former President Donald Trump.

Supreme Court will rule on limits on commonly used abortion medication

December 13, 2023 | Associated Press

The U.S. Supreme Court agreed on Wednesday to take up a dispute over a medication used in the most common method of abortion in the United States, its first abortion case since it overturned Roe v. Wade last year.

Suspect in fatal grocery store shooting leaves behind debit card, leading to his arrest

December 13, 2023 | Associated Press

A debit card left behind at the scene of a fatal shooting helped police in Gary track down and arrest a man suspected of killing a fellow customer at a grocery store.

Epic wins its antitrust lawsuit against the Play Store. What does the verdict mean for Google?

December 13, 2023 | Associated Press

Google lost an antitrust lawsuit over barriers to its Android app store, as a federal court jury has decided that the company’s payments system was anticompetitive and damaged smartphone consumers and software developers.

Smith recognized for civil legal aid advocacy at IBF retirement ceremony

December 12, 2023 | Daniel Carson

For Marilyn Smith, civil legal aid is a personal passion.

IN Supreme Court dismisses appeal in property dispute involving Norfolk Southern

December 12, 2023 | Daniel Carson

A trial court’s order in a property dispute between a North Judson man and a railroad company did not meet the criteria of a final judgment, the Indiana Supreme Court ruled in dismissing the man’s appeal.

Indy attorney gets 30-day suspension with automatic reinstatement for impermissible communication with represented litigant

December 12, 2023 | Alexa Shrake

An Indianapolis attorney will serve a 30-day suspension with automatic reinstatement in the new year after she impermissibly communicated with a represented litigant and made false statements to the court about that communication.

Denial of motion to compel cellphone evidence wasn’t error, COA affirms

December 12, 2023 | Alexa Shrake

A trial court did not err in denying a pedestrian’s motion to compel cellphone evidence in his suit against the woman who struck him with her car, the Court of Appeals of Indiana affirmed Tuesday.

Opinions Dec. 12, 2023

December 12, 2023

Court of Appeals of Indiana
Charles Jennings v. Jessica A. Smiley and Progressive Southeastern Insurance Company
23A-CT-303
Civil tort. Affirms the jury verdict finding Charles Jennings 99% at fault and Jessica Smiley 10% at fault after Smiley struck Jennings with her car while he was crossing the street, and the subsequent judgment in favor of Smiley. Finds the Hamilton Superior Court did not abuse its discretion in denying Jennings’ motion to compel.

Special counsel Jack Smith asks Supreme Court to rule quickly on whether Trump can be prosecuted

December 12, 2023 | Associated Press

Special counsel Jack Smith on Monday asked the U.S. Supreme Court to take up and rule quickly on whether former President Donald Trump can be prosecuted on charges alleging he plotted to overturn the 2020 election results.

Finding the issue moot, IN Supreme Court declines to order judge in Delphi murder case to comply with public access rules

December 12, 2023 | IL Staff

The Indiana Supreme Court has declined to enter a writ of mandamus in the dispute over access to court records between a trial judge and the man accused of murder in the deaths of two Delphi teens, finding the issue is now moot.

How the 2016 election could factor into the case accusing Trump of trying to overturn the 2020 race

December 12, 2023 | Associated Press

Even though a trial set for next year in Washington is centered on Donald Trump’s efforts to overturn the 2020 election, lawyers on both sides have signaled their desire to draw attention to the 2016 presidential contest to help explain his state of mind.

In landmark decision, jury finds Google’s app store broke anti-monopoly laws

December 12, 2023 | Associated Press

A federal court jury has decided that Google’s Android app store has been protected by anticompetitive barriers that have damaged smartphone consumers and software developers, dealing a blow to a major pillar of a technology empire.

Democrat Keith Potts ends U.S. Senate bid

December 12, 2023 | Taylor Wooten, Indianapolis Business Journal

Keith Potts, an Indianapolis city-county councilor, is ending campaign for the Democratic nomination for U.S. Senate in 2024.

Disciplinary commission files to unseal Rokita agreement after contradictory remarks

December 12, 2023 | Indiana Capital Chronicle

The Indiana Supreme Court Disciplinary Commission on Monday filed a petition asking to release a conditional agreement signed by Indiana Attorney General Todd Rokita after he publicly denied wrongdoing following a settlement.

Settlement reached in Marion Co. Jail wrongful death lawsuit

December 11, 2023 | Alexa Shrake

The family of a Marion County Jail inmate that died in jail has reached a $625,000 settlement in federal court as part of a wrongful death lawsuit.

Opinions Dec. 11, 2023

December 11, 2023

Court of Appeals of Indiana
Thomas Owens v. State of Indiana
23A-CR-985
Criminal. Affirms Thomas Owen’s conviction of Level 5 felony battery by means of a deadly weapon. Finds the Marion Superior Court didn’t err in denying Owen’s motion to supplement the record. Also finds the trial court properly instructed the jury on elements of the charge and the state presented sufficient evidence of the victim’s identity and the use of a deadly weapon.

IMPD officers found not guilty of battery for alleged conduct during 2020 protest

December 11, 2023 | Alexa Shrake

A pair of Indianapolis Metropolitan Police Department officers were found innocent of felony battery and several other charges Friday that stemmed from allegations they used excessive force during a protest that followed the death of George Floyd.

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In This Issue

  • More executions? Some doubts rise amid concerns about the high cost of lethal-injection drugs

  • More than 14,000 Hoosiers on electronic monitoring, data shows

  • Nominees Wheeler, Mildred ready to serve as U.S. Attorneys in Indiana

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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