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New York judge lifts gag order that barred Donald Trump from maligning court staff in fraud trial

November 17, 2023 | Associated Press

A gag order that barred Donald Trump from commenting about court personnel after he disparaged a law clerk in his New York civil fraud trial was temporarily lifted Thursday by an appellate judge who raised free speech concerns.

Young to take on alumni, donor college admissions — without stepping on religious toes

November 17, 2023 | Indiana Capital Chronicle

Republican U.S. Sen. Todd Young from Indiana and U.S. Sen. Tim Kaine, a Democrat from Virginia, introduced a bill this month banning accredited institutions from offering preferential treatment to applicants with relationships to alumni or donors.

Biden signs a bill averting a government shutdown for now, with Israel and Ukraine aid still stalled

November 17, 2023 | Associated Press

President Joe Biden signed a temporary spending bill a day before a potential government shutdown, pushing a fight with congressional Republicans over the federal budget into the new year, as wartime aid for Ukraine and Israel remains stalled.

IN Supreme Court seeking comments on proposed trial rule amendments

November 16, 2023 | IL Staff

The Indiana Supreme Court is seeking public comment on several proposed amendments to the Indiana Rules of Trial Procedure.

Nonprofit running disability group homes says state home classifications are discriminatory

November 16, 2023 | Alex Brown, Inside Indiana Business

A DeKalb County not-for-profit has filed a federal lawsuit over what it claims are discriminatory requirements placed on several group homes it operates for individuals with disabilities.

Attorney General Rokita plans to appeal ruling backing IPS in lawsuit over $1 law

November 16, 2023 | Amelia Pak-Harvey, Chalkbeat Indiana

Indiana Attorney General Todd Rokita plans to appeal a Marion County judge’s ruling that grants Indianapolis Public Schools an exemption from state law requiring districts to sell closed school buildings to charter schools for $1.

Opinions Nov. 16, 2023

November 16, 2023

Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.

Failure to call experts wasn’t deficient, COA rules

November 16, 2023 | Alexa Shrake

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.

Finalists announced for Marnocha vacancy on St. Joseph Superior Court

November 16, 2023 | 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

November 16, 2023 | Daniel Carson

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

November 16, 2023 | Associated Press

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

November 16, 2023 | Associated Press

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

November 16, 2023 | Associated Press

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

November 16, 2023 | Associated Press

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

November 15, 2023 | Daniel Carson

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.

fees

Opinions Nov. 15, 2023

November 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

November 15, 2023 | 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

November 15, 2023 | Alex Brown, Inside Indiana Business

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.

water-pollution-450bp.jpg

Brisco, Lund nominated to IN Northern District Court

November 15, 2023 | 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

November 15, 2023 | Associated Press

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.

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In This Issue

  • More executions? Some doubts rise amid concerns about the high cost of lethal-injection drugs

  • More than 14,000 Hoosiers on electronic monitoring, data shows

  • Nominees Wheeler, Mildred ready to serve as U.S. Attorneys in Indiana

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

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