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‘Procedural irregularities’ in serving mother results in voiding of order to terminate parental rights

December 29, 2023 | Alexa Shrake

A failure to properly serve a mother with notice of a hearing voided an order that terminated the mother’s parental rights to her child, the Court of Appeals of Indiana ruled in a reversal Friday.

 

Defendant’s right to speedy trial not violated by continuance, COA affirms

December 29, 2023 | Daniel Carson

A man’s appointed counsel agreed to the rescheduling of his trial beyond a 70-day deadline and did not raise an objection, so his right to a speedy trial was not violated, the Court of Appeals of Indiana affirmed Friday.

Quieter year expected for Indiana health care bills

December 29, 2023 | Indiana Capital Chronicle

The Chair of the Indiana Senate Health and Provider Services Committee doesn’t expect the same big health care legislation that was produced in 2023 in the upcoming legislative session.

 

US military space plane blasts off on another secretive mission expected to last years

December 29, 2023 | Associated Press

The U.S. military’s X-37B space plane blasted off Thursday on another secretive mission that’s expected to last at least a couple of years.

Environmental groups want stronger rules for use of coal ash fill after EPA reveals new risks

December 29, 2023 | Indiana Capital Chronicle

In a draft risk assessment published last month by the U.S. Environmental Protection Agency as part of a proposed broader revision of its coal ash management rules, the agency now says using coal ash as fill may create elevated cancer risk from radiation.

Focus coal

Maine bars Trump from ballot as US Supreme Court weighs states’ authority to block former president

December 29, 2023 | Associated Press

Maine’s Democratic secretary of state on Thursday removed former President Donald Trump from the state’s presidential primary ballot under the Constitution’s insurrection clause, becoming the first election official to take action unilaterally.

Baseline for senior judge days raised to 20 for 2024

December 28, 2023 | IL Staff

To encourage the continued use of senior judges in the state’s courts, the Indiana Supreme Court announced it is increasing the baseline number of senior judge days each court may use in 2024 to 20.

Indiana courts CAO Forkner to co-chair AI ‘rapid response team’

December 28, 2023 | IL Staff

The Conference of Chief Justices and Conference of State Court Administrators have created a rapid response team of chief justices and state court administrators to examine immediate issues related to artificial intelligence and generative AI in courts.

IU McKinney law library staffers awarded top scholarships

December 28, 2023 | IL Staff

The Indiana University Robert H. McKinney School of Law has announced that a pair of Ruth Lilly Law Library staff members are the recipients of two of the school’s most prestigious scholarships.

As SCOTUS prepares to consider Martinsville schools transgender bathroom case, ACLU urges justices to deny cert

December 28, 2023 | Alexa Shrake

As the U.S. Supreme Court considers whether to take a case ordering an Indiana school district to allow a transgender boy to use the facilities that align with his gender identity, the ACLU of Indiana is urging the high court to reject the case.

 

Opinions Dec. 28, 2023

December 28, 2023

Court of Appeals of Indiana
Matthew A. Disbro v. City of Bedford (mem. dec.)
23A-PL-1454
Civil plenary. Affirms the Lawrence Circuit Court’s grant of the city of Bedford’s motion to dismiss a complaint filed by Matthew Disbro. Finds the trial court did not err when it dismissed Disbro’s complaint because he did not substantially comply with the Indiana Torts Claim Act, he failed to meet his burden on appeal to demonstrate that his public nuisance claim does not fall under the ITCA, and he failed to preserve any claim regarding the takings clause.

Judge orders asset freeze for shopping-center owner accused in SEC fraud case

December 28, 2023 | Susan Orr, Indianapolis Business Journal

A federal judge has issued a temporary restraining order and asset freeze against Arizona-based real estate company ArciTerra Cos. LLC and its founder, Indiana native Jonathan Moynahan Larmore, who are facing federal fraud allegations.

fees

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.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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

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