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Opinions Nov. 3, 2023

November 3, 2023

Court of Appeals of Indiana
Dustin J. McKee v. State of Indiana (mem. dec.)
23A-CR-549
Criminal. Affirms Dustin McKee’s conviction for murder and aggregate 83-year sentence in the Elkhart Circuit Court. Finds any instructional error was invited. Also finds the evidence is sufficient to rebut McKee’s claim of self-defense and to negate sudden heat. Finally, finds his aggregate sentence is not inappropriate.

Bankruptcy filings continue upward climb in state, U.S.

November 3, 2023 | IL Staff

Bankruptcy filings are continuing to climb nationally, with a 13% increase for the 12-month period ending Sept. 30 compared to the same span of months a year prior, according to data from the Administrative Office of the U.S. Courts.

Businessman with Elkhart ties sentenced in $180 million bank fraud that paid for lavish lifestyle, classic cars

November 3, 2023 | Associated Press

A businessman who orchestrated a $180 million check-kiting scheme and used the proceeds to live a lavish lifestyle and amass one of the world’s most revered classic car collections has been sentenced to more than eight years in prison.

Eric Trump returns to the witness stand in the family business’ civil fraud trial

November 3, 2023 | Associated Press

Eric Trump returned to the witness stand Friday to testify at the civil fraud trial accusing his father of exaggerating his wealth and the value of his assets to deceive banks and insurers.

Poll shows most US adults think AI will add to election misinformation in 2024

November 3, 2023 | Associated Press

The warnings have grown louder and more urgent as 2024 approaches: The rapid advance of artificial intelligence tools threatens to amplify misinformation in next year’s presidential election at a scale never seen before.

Man who admitted setting fire to several Indiana barns pleads guilty to 3 more arsons

November 3, 2023 | Associated Press

A man who admitted setting several barn fires in a northern Indiana county in 2021 pleaded guilty Thursday to setting three others in a neighboring county.

Indy animal shelter volunteers file 1st Amendment suit, claiming shelter officials tried to stifle critical speech

November 2, 2023 | Alexa Shrake

The ACLU of Indiana has filed a lawsuit against the city of Indianapolis on behalf of two animal shelter volunteers who allege Indianapolis Animal Care Services’ attempts to restrain speech that was critical of the shelter violated their constitutional rights.

Fort Wayne files lawsuit against Hyundai, Kia after 289% increase in thefts in 2022

November 2, 2023 | Tyler Fenwick

The city of Fort Wayne has joined a host of other cities from around the country suing the manufacturers of Hyundai and Kia vehicles, alleging the companies have neglected anti-theft technology and in turn created a public safety problem.

No error in sentencing enhancement for man with prior conviction, 7th Circuit affirms

November 2, 2023 | Tyler Fenwick

A district court did not plainly err in applying a sentencing enhancement to a man who pleaded guilty to distributing drugs, the 7th Circuit Court of Appeals has ruled.

COA affirms dismissal of insurance dispute for lack of jurisdiction

November 2, 2023 | Alexa Shrake

A worldwide retailer’s complaint against its insurer will not continue in Indiana state court after the Court of Appeals of Indiana affirmed dismissal for lack of personal jurisdiction.

Murder, attempted robbery convictions upheld after shooting during marijuana deal

November 2, 2023 | Alexa Shrake

Despite an improper jury instruction, the Court of Appeals of Indiana has upheld murder and attempted robbery convictions in a case involving a drug deal turned deadly.

Appellate court rejects constitutional arguments, upholds drug convictions

November 2, 2023 | Olivia Covington

The Court of Appeals has declined to overturn a man’s methamphetamine-related convictions, rejecting the man’s argument that the search of his vehicle violated his constitutional rights.

Community Health sets aside $75M in ‘potential settlement agreement’ with feds, whistleblower

November 2, 2023 | John Russell, Indianapolis Business Journal

Community Health Network has socked away $75 million in a “potential settlement agreement” with the U.S. Justice Department and a former chief financial officer who filed a whistleblower suit nearly a decade ago.

Opinions Nov. 2, 2023

November 2, 2023

Indiana Supreme Court
In the Matter of Theodore E. Rokita
23S-DI-258
Attorney discipline. Publicly reprimands Indiana Attorney General Todd Rokita for violating Indiana Professional Conduct Rules 3.6(a) and 4.4(a) by making an extrajudicial statement that had a substantial likelihood of materially prejudicing an adjudicative proceeding and had no substantial purpose other than to embarrass or burden Dr. Caitlin Bernard. The costs of the proceeding, $250, are assessed against Rokita. Chief Justice Loretta Rush and Justice Christopher Goff dissent without separate opinion, finding the discipline too lenient based on Rokita’s position and the scope and breadth of the admitted misconduct.

Rokita reprimanded for comments about Dr. Bernard

November 2, 2023 | IL Staff

The Indiana Supreme Court has publicly reprimanded Attorney General Todd Rokita for comments he made about Dr. Caitlin Bernard, the OB-GYN at the center of a controversy over abortion rights in Indiana.

2025 Thought Leadership Topics

Formatted as a Q&A discussion, the Thought Leadership Series positions your executive or company representative as experts in your field. Choose from a provided list of topics or provide your own. Participating in the Thought Leadership Series builds strong brand awareness and builds trust in the community. Each option offers a fully integrated forum: print, […]

Thought Leadership

Trump endorses Mike Braun in Indiana governor’s race

November 2, 2023 | Peter Blanchard, Indianapolis Business Journal

Former President Donald Trump has endorsed U.S. Sen. Mike Braun to be the next governor of Indiana.

Senate candidate Rust pushes for primary ballot access in court

November 2, 2023 | Indiana Capital Chronicle

A Marion County judge heard hours of argument Wednesday about whether an Indiana law disenfranchises Hoosiers from running on their preferred primary election ballot.

Indiana legislative committee weighs cannabis legalization but fails to make recommendations

November 2, 2023 | Indiana Capital Chronicle

Could Indiana be moving toward less stringent marijuana laws, or even total cannabis legalization?

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • List of new Indiana laws approved this year

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