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Federal judge orders city to produce some, but not all, IMPD documents related to death of Herman Whitfield

November 1, 2023 | Daniel Carson

Several police documents related to the death of Herman Whitfield III can be withheld until the criminal cases against two officers involved in his death are resolved, a judge has ruled. But other documents not related to the criminal cases must be produced.

Opinions Nov. 1, 2023

November 1, 2023

Court of Appeals of Indiana
Frank Garber v. Robert Blair (mem. dec.)
23A-CT-953
Civil tort. Affirms the judgment in favor of Frank Garber on his counterclaim against Robert Blair in which Garber sought to foreclose on Blair’s mortgage and recover damages for breach of contract. Finds Garber has not shown any error in the Kosciusko Circuit Court awarding him $100,200 plus $5,000 in attorney fees.

Supreme Court seems likely to rule against trademark in ‘Trump too small’ case

November 1, 2023 | Associated Press

The U.S. Supreme Court signaled Wednesday that it would rule against a man who wants to trademark the suggestive phrase “Trump too small.”

NAWJ honors Rush with Lady Justice Award

November 1, 2023 | IL Staff

Indiana Chief Justice Loretta Rush received the Lady Justice Award from the National Association of Women Judges during its annual convention in Indianapolis.

Benched basketball player denied injunction against coach for ‘slight, speculative’ harms

November 1, 2023 | Tyler Fenwick

A federal judge has denied a benched girls basketball player’s request for a preliminary injunction against her coach and school district, determining the teen’s alleged harms are “slight, speculative, and economic.”

Q&A with former Indiana Chief Justice Randall T. Shepard

November 1, 2023 | Mitzi S. Morris, Inside INdiana Business

In September, Indiana Landmarks — the largest private statewide historic preservation organization in the U.S. — presented Randall T. Shepard with the 2023 Williamson Prize for Outstanding Preservation Leadership.

Health entities providing gender transition care turn to court to quash attorney general’s request

November 1, 2023 | Indiana Capital Chronicle

Three health care entities urged a Marion County judge to quash civil investigative demands from Attorney General Todd Rokita on Tuesday, part of an ongoing battle over gender transition care.

Suspect arrested in Halloween 1982 cold case slaying in Seymour

November 1, 2023 | Associated Press

A suspect has been arrested in connection with the Halloween 1982 cold case slaying of a southern Indiana man, state police announced Tuesday on the 41st anniversary of the crime.

House Speaker Mike Johnson was once the dean of a Christian law school. It never opened its doors

November 1, 2023 | Associated Press

Before House Speaker Mike Johnson was elected to public office, he was the dean of a small Baptist law school that didn’t actually exist.

Ousted founders of transportation company get TRO against former general counsel, state lawmaker, others

October 31, 2023 | Daniel Carson

A northern Indiana transportation company has obtained a temporary restraining order against its former general counsel, a state lawmaker and other defendants in a dispute over the sale of more than $28 million of the company’s stock.

Trial moved to late 2024 for Delphi man charged in killings of 2 girls slain during hiking trip

October 31, 2023 | Associated Press

The trial for an Indiana man charged in the killings of two teenage girls slain in 2017 during a hiking trip was moved Tuesday from January to next October after the presiding judge told the suspect she will not allow his former attorneys to represent him.

COA affirms jury verdict in favor of home sellers accused of fraudulent misrepresentation

October 31, 2023 | Alexa Shrake

A couple alleging fraudulent misrepresentation in their purchase of a home has failed to convince the Court of Appeals of Indiana that the jury was improperly instructed or that the verdict in favor of the sellers was not supported by the evidence.

Opinions Oct. 31, 2023

October 31, 2023

Indiana Supreme Court
State of Indiana v. $2,435 in United States Currency and Alucious Q. Kizer
23S-CR-72
Criminal. Affirms the Allen Circuit Court’s order vacating its previous order granting the state’s motion to strike Alucious Kizer’s demand for a jury trial. Finds a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury. Remands for a jury trial.

Disabled daughter’s disability benefits can’t be used to offset father’s child support obligation, COA affirms

October 31, 2023 | Alexa Shrake

Addressing a child support dispute for the second time on appeal, the Court of Appeals of Indiana has rejected a father’s argument that his disabled daughter’s disability benefits should be used to offset his child support obligation.

No error in granting receiver’s turnover motion after deposits in out-of-state bank account, COA affirms

October 31, 2023 | Tyler Fenwick

A trial court did not err in issuing a turnover order to obtain assets in a case involving millions of dollars in promissory notes, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.

fees

IN justices: Civil forfeiture defendants have constitutional right to jury trial

October 31, 2023 | Olivia Covington

Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.

State not entitled to ITCA immunity in case of woman injured on redesigned highway, COA affirms

October 31, 2023 | Tyler Fenwick

The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.

Voting open to fill upcoming attorney vacancy on Judicial Nominating Commission

October 31, 2023 | IL Staff

An election to fill an upcoming attorney vacancy on the Indiana Judicial Nominating Commission is open now through Nov. 15.

Woman in divorce case can’t relocate with her child to San Diego, COA affirms

October 31, 2023 | Daniel Carson

A mother whose request to relocate to California with her minor child was denied has failed in her bid for relief from the Court of Appeals of Indiana.

Attorney, foster kids advocate named new ACLU of Indiana executive director

October 31, 2023 | IL Staff

Attorney Christopher Daley, currently the executive director of the Indiana Association of Resources and Child Advocacy, has been named the new executive director of the American Civil Liberties Union of Indiana.

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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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