Magistrate appointed to replace Kolar in IN Northern District
| IL Staff
A new magistrate judge has been chosen to fill the vacancy created by Judge Joshua P. Kolar’s elevation to the federal bench.
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Opinions Feb. 8, 2024
Indiana Supreme Court
State ex rel. Richard Allen v. Carroll Circuit Court and the Honorable Frances C. Gull, Special Judge
23S-OR-311
Original action. Grants Richard Allen’s request to reinstate Andrew Baldwin and Brad Rozzi as his counsel but denies his request for an order for his trial to begin within 70 days and for a new judge. Finds the trial court did not find that Baldwin and Rozzi’s disqualification was a necessary last resort after weighing the prejudice to Allen. Also finds Allen did not make his 70-day trial request in trial court. Finally, finds Allen did not overcome the presumption of impartiality. Justice Geoffrey Slaughters concurs and dissents in part with separate opinion.
Justices say no ‘extraordinary circumstances’ existed to remove Delphi murder defendant’s counsel, but with a dissent
The Indiana Supreme Court is explaining its reasoning for reinstating the defense team of the man accused in the 2017 Delphi murder case, crafting a new rule for determining when a judge can remove a court-appointed attorney.
Contingency-fee forfeiture prosecutions not unconstitutional, federal judge rules
Indiana’s practice of allowing private prosecutors to collect a contingency fee on forfeiture proceeds is not a violation of due process, a federal judge has ruled.
Rokita’s office begins updates to ‘Eyes on Education’ portal with responses from Indiana schools
After pushback from a dozen Indiana school districts, Indiana Attorney General Todd Rokita’s office is making changes to its new “Eyes on Education” portal that publicizes alleged examples of “indoctrination” in Hoosier schools.
From tax credits to higher speed limits, lawmakers spent time hearing bills that had no chance
In between racing to shepherd hundreds of proposals through the legislative process ahead of bill-killing deadlines, lawmakers found time to hear hours of testimony on numerous controversial or novel ideas never intended to advance.
Supreme Court seems poised to reject efforts to kick Trump off ballot over Capitol riot
The Supreme Court seems poised to reject attempts to kick former President Donald Trump off the 2024 ballot.
Special counsel: Biden ‘willfully’ disclosed classified materials, but no criminal charges warranted
President Joe Biden “willfully” retained and disclosed highly classified materials when he was a private citizen, including documents about military and foreign policy in Afghanistan and other sensitive national security matters.
Opinions Feb. 7, 2024
Court of Appeals of Indiana
Donald L. Barriger, Jr., and Dianne Barriger v. The Brown County Board of Health and the Brown County Health Officer (mem. dec.)
22A-PL-2944
Civil plenary. Affirms the Brown Circuit Court’s determination that a second order requiring Dianne and Donald Barriger to clean and repair a piece of real estate in Nashville superseded the first order, was lawfully issued and is therefore enforceable. Finds the Barrigers’ claims are either waived or without merit.
Ballot access, criminal cases to be heard at IN Supreme Court in February
| IL Staff
The Indiana Supreme Court will be holding four oral arguments this month in cases ranging from ballot access to the seizure of evidence.
After Lund’s confirmation, governor accepting applications for replacement on Elkhart Superior Court
| IL Staff
With former Elkhart Superior Judge Gretchen S. Lund’s recent confirmation as a federal judge, the state is now looking to fill her position in Elkhart County.
Blaiklock, Kern appointed to Marion Superior Court, replacing Flowers, Welch
A law firm managing partner and a magistrate judge have been named the next Marion Superior Court judges.
Judge keeps NCAA restrictions on NIL in place for now
A judge on Tuesday kept in place for now the NCAA’s rules prohibiting name, image and likeness compensation from being used as a recruiting inducement, denying a request for a temporary restraining order by the states of Tennessee and Virginia.
Trump not immune from prosecution in 2020 election interference case, US appeals court says
A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election.
Not wearing a mask during COVID-19 health emergency isn’t a free speech right, appeals court says
A federal appeals court shot down claims Monday that New Jersey residents’ refusal to wear face masks at school board meetings during the COVID-19 outbreak constituted protected speech under the First Amendment.
Rokita’s new ‘Eyes on Education’ portal prompts pushback from Indiana school officials
A new dashboard unveiled Tuesday by the Indiana Attorney General’s Office makes public more than two dozen allegations of “potentially inappropriate materials” in Hoosier schools, like critical race theory materials and gender identity policies.
Bill further rolling back Indiana wetland protections is first to land on governor’s desk
Republican state lawmakers quietly fast-tracked a contentious bill that will further strip protections on some Indiana wetlands. It’s the first piece of legislation to head to the governor’s desk this session.
Senate education bills on human sexuality, cursive move to House
A bill putting school boards “in the driver’s seat” on “human sexuality” instruction faced fierce opposition on Tuesday from Democrats worried it would restrict teaching on LGBTQ+ identities.
IN Supreme Court grants transfer in 2 cases, denies 9
| IL Staff
The Indiana Supreme Court has agreed to hear two cases, including one involving a Paoli quarry company seeking damages after an explosion decimated an asphalt plant on its property.
IN Supreme Court affirms false-arrest finding
After a decade of litigation triggered by the death of a conservation officer’s dog, the Indiana Supreme Court affirmed a trial court’s finding in a false-arrest case despite it being clearly erroneous.