COA reinstates, then reverses, neglect conviction
After reinstating a woman’s neglect conviction based on trial court error, the Court of Appeals of Indiana then reversed that conviction based on insufficient evidence.
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Rape convictions upheld despite ‘surprise’ evidence, last-minute charging amendment
A man whose rape trial included “surprise” evidence and an amendment to the charging information after deliberations had begun failed to convince the Court of Appeals of Indiana that his three felony convictions should be overturned.
Battery claim against Indianapolis can proceed in police excessive force case, federal judge rules
The estate of a woman who died after a struggle with Indianapolis police may pursue a battery claim at trial next month after a federal judge denied the city’s motion to dismiss.
Appeals court rejects Trump’s bid to reconsider gag order in election interference case
Washington’s federal appeals court on Tuesday rejected Donald Trump’s request to reconsider a gag order restricting the former president’s speech in the case charging him with plotting to overturn the 2020 election.
House passes 13th check, Senate approves sanctuary city ban enforcement
Indiana’s House of Representatives on Monday unanimously voted to offer former public employees a retirement benefit boost known as a 13th check.
Supreme Court allows federal agents to cut razor wire Texas installed on US-Mexico border
A divided U.S. Supreme Court on Monday allowed Border Patrol agents to resume cutting for now razor wire that Texas installed along a stretch of the U.S.-Mexico border.
Michigan school shooter’s mother to stand trial for manslaughter in 4 student deaths
The mother of a teenager who committed a mass school shooting in Michigan is headed to trial on involuntary manslaughter charges in an unusual effort to pin criminal responsibility on his parents for the deaths of four students.
Indy personal injury firm wins summary judgment on ex-lawyer’s claim of withheld compensation
An Indianapolis personal injury firm has won summary judgment on a former employee’s claim that the firm withheld compensation after she was terminated.
Daviess County attorney indefinitely suspended by IN Supreme Court
| IL Staff
A Washington attorney’s failure to cooperate with the state’s disciplinary process has resulted in his indefinite suspension from the practice of law in Indiana.
ACLU files 2nd lawsuit alleging invasive search of student by Jay County school officials
For the second time this month, the ACLU of Indiana has filed a lawsuit against Jay County Jr.-Sr. High School officials, alleging that a student was subjected to invasive searches in violation of her Fourth Amendment rights on two separate occasions.
Opinions Jan. 22, 2024
Court of Appeals of Indiana
Jose Luis Lopez Interiano v. State of Indiana (mem. dec.)
23A-CR-1557
Criminal. Affirms Jose Luis Lopez Interiano’s conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds the state presented sufficient evidence of Interiano’s impairment at the time he was operating the vehicle.
Attorney who forged signatures on adoption docs gets 30-day suspension
| IL Staff
A Zionsville attorney who forged a signature on multiple adoption documents has been suspended from the practice of law in Indiana for 30 days with automatic reinstatement.
Neighbors file suit to block proposed $61M Willows redevelopment
Neighbors of a proposed apartment and condominium project near Broad Ripple have filed a lawsuit in response to a city commission’s decision last month to preliminarily approve the developer’s request to rezone the land.
Banks, Rust spar over residency as primary battle for Indiana’s U.S. Senate seat continues
Where does U.S. Senate candidate John Rust actually live? That’s the latest question lobbed by his challenger, GOP favorite U.S. Rep. Jim Banks, as the race for Indiana’s open seat heats up.
DNA proves a long-dead man attacked 3 girls in Indiana nearly 50 years ago, police say
A man who died in a Texas prison decades ago has been identified as the person who abducted and stabbed three Indiana girls and left them in a cornfield nearly 50 years ago, police said, citing DNA evidence.
Trump’s attorney renews call for mistrial in defamation case brought by writer in sex abuse case
Donald Trump’s lawyer on Friday renewed a mistrial request in a New York defamation case against the former president.
GAL pilot program for parents with mental disabilities passes Indiana Senate
The Indiana Senate has given its approval to a bill that would provide guardians ad litem to parents in adoption cases who have mental disabilities.
COA affirms summary judgment rulings in Westfield project dispute, but stays distribution of road funds pending commercial court decision
A Richmond bank’s mortgage interest, in its entirety, takes priority in a complex land project case involving multiple developers, contractors and the city of Westfield, the Court of Appeals of Indiana ruled Friday.
Contempt ruling involving adult theater in Clarksville overturned
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.
Opinions Jan. 19, 2024
Court of Appeals of Indiana
AMW Investments, Inc. et al. v. The Town of Clarksville, et al.
23A-PL-508
Civil plenary. Reverses the order finding AMW Investments Inc. in contempt of an order compelling discovery responses. Finds AMW’s supplemental discovery responses, including objections, were timely submitted. Also finds the Clark Circuit Court erred when it refused to consider the objections contained in AMW’s first supplemental discovery responses. Remands with instructions to consider those objections. Judge Paul Felix concurs in result with separate opinion.