Failure to call experts wasn’t deficient, COA rules
A man whose attorney failed to call two key experts in his child molesting trial failed to convince the Court of Appeals of Indiana that his attorney performed deficiently.
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Finalists announced for Marnocha vacancy on St. Joseph Superior Court
| IL Staff
The St. Joseph County Judicial Nominating Commission has announced five finalists for an upcoming judicial vacancy.
Teen’s limited contacts with ex after breakup not threatening, COA rules in reversal of protection order
Wading into a dispute over a middle school romance gone wrong, the Court of Appeals of Indiana has reversed a protective order issued against a teen who tried to contact his ex while the two were at school.
Former Gary police officer sentenced to year in prison for violating handcuffed man’s civil rights
A former Gary police officer was sentenced Wednesday to a year in federal prison after pleading guilty to violating a handcuffed man’s civil rights by using excessive force while arresting him.
Mother of 6-year-old boy who shot teacher gets 21 months for marijuana use while owning a gun
The mother of a 6-year-old boy who shot his teacher in Virginia was sentenced Wednesday to 21 months in prison for using marijuana while owning a firearm, which is illegal under U.S. law.
Appeals court frees attorney from having to join, pay dues to Louisiana bar association, for now
A Louisiana lawyer who objected to the state bar association’s public statements on several issues including health tips and LGBTQ+ rights can no longer be forced to join or pay dues to the association, a federal appeals court has ruled.
Averting government shutdown, Congress approves temporary funding through holidays
Ending the threat of a government shutdown until after the holidays, Congress gave final approval to a temporary government funding package that pushes a confrontation over the federal budget into the new year.
State not responsible for compensating couple that built illegal dam on property, COA affirms
A Grant County couple cannot “rely on the state to bail them out” and are not entitled to compensation for damages related to the construction of a massive dam on their property, the Court of Appeals of Indiana affirmed Wednesday.
Opinions Nov. 15, 2023
Court of Appeals of Indiana
John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.
IN Supreme Court releases proposal to allow graduates of non-ABA-accredited schools to take Indiana bar; court seeking comment
| IL Staff
The Indiana Supreme Court is seeking public comment on a proposed rule change that would allow graduates of non-American Bar Association-accredited law schools to sit for the Indiana bar exam.
Alcoa facing legal action over allegations of illegal dumping
A pair of environmental groups is preparing to file a lawsuit against Pittsburgh-based Alcoa Corp. over alleged violations of the Clear Water Act at the company’s Warrick Operations in Newburgh.
Brisco, Lund nominated to IN Northern District Court
| IL Staff
St. Joseph Superior Judge Cristal C. Brisco and Elkhart Superior Judge Gretchen S. Lund were nominated to the federal bench in a Wednesday announcement from the White House.
Michigan judge says Trump can stay on primary ballot, rejecting challenge under insurrection clause
A Michigan judge ruled Tuesday that former President Donald Trump will remain on the state’s primary ballot, dealing a blow to the effort to stop Trump’s candidacy with a Civil War-era Constitutional clause.
Ex-officer Derek Chauvin makes another bid to overturn federal conviction in murder of George Floyd
Former Minneapolis police Officer Derek Chauvin is making another attempt to overturn his federal civil rights conviction in the 2020 murder of George Floyd, saying new evidence shows that he didn’t cause Floyd’s death.
House votes to prevent government shutdown as GOP Speaker Johnson relies on Democrats for help
The House voted overwhelmingly Tuesday to prevent a government shutdown after new Republican Speaker Mike Johnson was forced to reach across the aisle to Democrats when hard-right conservatives revolted against his plan.
Barnes & Thornburg announces 2023-2024 Management Committee members
| IL Staff
Barnes & Thornburg LLP has announced the members of its 2023-2024 Management Committee, including a new managing partner in the firm’s South Bend and Elkhart offices.
7th Circuit finds felon-in-possession convictions to be multiplicitous
Two felon-in-possession convictions were multiplicitous, the 7th Circuit Court of Appeals has ruled, but a defendant’s other challenges to his drug-related convictions and sentence failed.
Opinions Nov. 14, 2023
Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.
Probation department entitled to quasi-judicial immunity on estate’s negligence claim, COA rules
The Marion Superior Court Probation Department is entitled to immunity against the negligence claim brought by the estate of a man who was killed by a juvenile on probation, the Court of Appeals of Indiana has ruled.
Jury instructions, verdict not erroneous in car crash negligence case, COA affirms
A motorist whose vehicle was rear-ended proved negligence on the other driver’s part but was also partially at fault, the Court of Appeals of Indiana affirmed Tuesday, also upholding the jury instructions.