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Senate Democrats authorize subpoenas in Supreme Court ethics probe as Republicans stage walkout

November 30, 2023 | Associated Press

Democrats on the Senate Judiciary Committee voted Thursday to authorize subpoenas for two prominent conservatives who arranged luxury travel and other benefits for Supreme Court justices, but Republicans planned to object to the legitimacy of the action.

Appeals court reinstates gag order against Trump in NY fraud trial

November 30, 2023 | Associated Press

A New York appeals court Thursday reinstated a gag order that barred Donald Trump from commenting about court personnel after he disparaged a law clerk in his New York civil fraud trial.

Committee provides updates on Medicaid programs for aging, maternal health

November 30, 2023 | Indiana Capital Chronicle

An estimated 130,000 Hoosiers over the age of 60 using Medicaid will receive notices in early 2024 advising them to choose a Managed Care Entity (MCE) to coordinate their health coverage under the state’s Pathways for Aging program.

Lawmakers can ‘vote their conscience’ on expelling Santos, House speaker says, but he has concerns

November 30, 2023 | Associated Press

Speaker Mike Johnson expressed reservations Wednesday about expelling Rep. George Santos from the House this week, but said he and other GOP leaders will not push colleagues to oppose removing the New York Republican from office.

Indiana teachers union presses reticent state lawmakers to reopen budget in 2024 session

November 30, 2023 | Indiana Capital Chronicle

Indiana’s largest teacher’s union is calling for better collective bargaining, increased pay for support staff and more say over curriculum in the upcoming legislative session.

Indiana judge dismisses state’s lawsuit against TikTok that alleged child safety, privacy concerns

November 30, 2023 | Associated Press

An Indiana county judge on Wednesday dismissed a lawsuit filed by the state accusing TikTok of deceiving its users about the level of inappropriate content for children on its platform and the security of its consumers’ personal information.

Modified custody, parenting time order in mother’s favor upheld at COA

November 29, 2023 | Alexa Shrake

The grant of sole legal custody of a child to the mother and an order for the father’s parenting time to be supervised were not erroneous, the Court of Appeals of Indiana ruled Wednesday.

Opinions Nov. 29, 2023

November 29, 2023

Court of Appeals of Indiana
A.W. v. State of Indiana
23A-JV-1609
Juvenile. Affirms the denial of A.W.’s motion for relief from judgment pursuant to Indiana Trial Rules 60(B)(6) and (8) without an evidentiary hearing. Finds the Elkhart Circuit Court did not abuse its discretion and was not required to conduct an evidentiary hearing.

Appellate court rejects evidentiary challenges to firearm, drug convictions

November 29, 2023 | Alexa Shrake

The Court of Appeals of Indiana declined to reverse a man’s firearm-related convictions, determining that his challenges to the admission of evidence failed.

Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal

November 29, 2023 | Daniel Carson

A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.

Bar fight wasn’t foreseeable, COA rules in reversal

November 29, 2023 | Daniel Carson

A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.

COA affirms denial of juvenile’s motion for relief from child molesting adjudications

November 29, 2023 | Alexa Shrake

A trial court properly denied a juvenile’s motion for relief from judgment on two delinquencies adjudications that he admitted to, the Court of Appeals of Indiana has affirmed.

Denial of bond reduction not eligible for belated appeal under PCR 2, COA rules in dismissal

November 29, 2023 | Olivia Covington

A man challenging the denial of his bond reduction motion cannot pursue a belated appeal under Post-Conviction Rule 2, the Court of Appeals of Indiana ruled Wednesday, finding no “extraordinarily compelling reasons” to reinstate his forfeited appeal.

Indiana man gets community corrections for burning down re-creation of George Rogers Clark cabin

November 29, 2023 | Associated Press

An Indiana man has been sentenced to community corrections for setting a fire that destroyed a re-creation of the log cabin where Revolutionary War figure George Rogers Clark spent his retirement years.

Hunter Biden tells Congress he’d testify publicly, but Republicans demand closed-door session

November 29, 2023 | Associated Press

Hunter Biden offered Tuesday to testify publicly before Congress, striking a defiant note in response to a subpoena from Republicans and setting up a potential high-stakes faceoff even as a separate special counsel probe unfolds.

Conservative, business interests go to Supreme Court with challenge to federal regulations

November 29, 2023 | Associated Press

The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission’s ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests.

Trump embraces the Jan. 6 rioters on the trail. In court, his lawyers hope to distance him from them

November 29, 2023 | Associated Press

Donald Trump has embraced the rioters who attacked the U.S. Capitol on Jan. 6, 2021, as patriots, vowed to pardon a large portion of them if he wins a second term and even collaborated on a song with a group of jailed defendants.

Reversal: Mother’s previous abandonment of children doesn’t rebut parental presumption in grandparent custody case

November 28, 2023 | Alexa Shrake

A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.

Damages based on traffic flow were too high in I-69 takings case, COA rules

November 28, 2023 | Daniel Carson

Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.

fees

COA dismisses provider’s appeal of ruling in med-mal case, finding ruling wasn’t a final judgment

November 28, 2023 | Daniel Carson

A provider cannot yet appeal a ruling in a medical malpractice complaint against him because the ruling at issue was not a final judgment, the Court of Appeals of Indiana ruled in a Tuesday dismissal.

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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

  • List of new Indiana laws approved this year

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

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

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