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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.

Cummins agrees to pay nearly $1.7B to settle federal Clean Air Act investigation

December 22, 2023 | Susan Orr, Indianapolis Business Journal

Cummins Inc. will pay $1.675 billion to settle allegations that the engine-maker violated the Clean Air Act, the company announced Friday.

 

Biden is pardoning thousands convicted of marijuana charges on federal lands and in Washington

December 22, 2023 | Associated Press

President Joe Biden is making thousands of people who were convicted of use and simple possession of marijuana on federal lands and in the District of Columbia eligible for pardons, the White House said Friday.

Klineman appointed to fill Welch’s upcoming vacancy on commercial court

December 21, 2023 | Alexa Shrake

In preparation for Marion Superior Judge Heather Welch’s retirement in February, the Indiana Supreme Court has appointed her replacement as a commercial court judge.

Opinions Dec. 21, 2023

December 21, 2023

Court of Appeals of Indiana
Lake Imaging LLC v. Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers
22A-CT-2783
Civil tort. Affirms the Johnson Superior Court’s summary judgment on remand in favor of Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers on its claim from Lake Imaging’s contract to provide radiology services. Finds the trial court properly declined to apply the Professional Services Statute’s two-year statute of limitations period and properly entered summary judgment in favor of Franciscan on its indemnification claim.

Proper statutory framework not used in granting of parental rights termination order, COA rules in reversal

December 21, 2023 | Daniel Carson

The Court of Appeals of Indiana reversed an order to terminate an incarcerated man’s parental rights Thursday, ruling that a lower court interpreted the phrase “act of rape” too broadly and didn’t consider whether the man committed an act described in the state’s rape statute.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Former credit union manager indicted on fraud charges

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • What if ICE comes calling? Attorneys inundated with questions

  • Indianapolis liquor stores lose permits after accusations of forged documents

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