Smith recognized for civil legal aid advocacy at IBF retirement ceremony
For Marilyn Smith, civil legal aid is a personal passion.
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IN Supreme Court dismisses appeal in property dispute involving Norfolk Southern
A trial court’s order in a property dispute between a North Judson man and a railroad company did not meet the criteria of a final judgment, the Indiana Supreme Court ruled in dismissing the man’s appeal.
Indy attorney gets 30-day suspension with automatic reinstatement for impermissible communication with represented litigant
An Indianapolis attorney will serve a 30-day suspension with automatic reinstatement in the new year after she impermissibly communicated with a represented litigant and made false statements to the court about that communication.
Denial of motion to compel cellphone evidence wasn’t error, COA affirms
A trial court did not err in denying a pedestrian’s motion to compel cellphone evidence in his suit against the woman who struck him with her car, the Court of Appeals of Indiana affirmed Tuesday.
Opinions Dec. 12, 2023
Court of Appeals of Indiana
Charles Jennings v. Jessica A. Smiley and Progressive Southeastern Insurance Company
23A-CT-303
Civil tort. Affirms the jury verdict finding Charles Jennings 99% at fault and Jessica Smiley 10% at fault after Smiley struck Jennings with her car while he was crossing the street, and the subsequent judgment in favor of Smiley. Finds the Hamilton Superior Court did not abuse its discretion in denying Jennings’ motion to compel.
Special counsel Jack Smith asks Supreme Court to rule quickly on whether Trump can be prosecuted
Special counsel Jack Smith on Monday asked the U.S. Supreme Court to take up and rule quickly on whether former President Donald Trump can be prosecuted on charges alleging he plotted to overturn the 2020 election results.
Finding the issue moot, IN Supreme Court declines to order judge in Delphi murder case to comply with public access rules
| IL Staff
The Indiana Supreme Court has declined to enter a writ of mandamus in the dispute over access to court records between a trial judge and the man accused of murder in the deaths of two Delphi teens, finding the issue is now moot.
How the 2016 election could factor into the case accusing Trump of trying to overturn the 2020 race
Even though a trial set for next year in Washington is centered on Donald Trump’s efforts to overturn the 2020 election, lawyers on both sides have signaled their desire to draw attention to the 2016 presidential contest to help explain his state of mind.
In landmark decision, jury finds Google’s app store broke anti-monopoly laws
A federal court jury has decided that Google’s Android app store has been protected by anticompetitive barriers that have damaged smartphone consumers and software developers, dealing a blow to a major pillar of a technology empire.
Democrat Keith Potts ends U.S. Senate bid
Keith Potts, an Indianapolis city-county councilor, is ending campaign for the Democratic nomination for U.S. Senate in 2024.
Disciplinary commission files to unseal Rokita agreement after contradictory remarks
The Indiana Supreme Court Disciplinary Commission on Monday filed a petition asking to release a conditional agreement signed by Indiana Attorney General Todd Rokita after he publicly denied wrongdoing following a settlement.
Settlement reached in Marion Co. Jail wrongful death lawsuit
The family of a Marion County Jail inmate that died in jail has reached a $625,000 settlement in federal court as part of a wrongful death lawsuit.
Opinions Dec. 11, 2023
Court of Appeals of Indiana
Thomas Owens v. State of Indiana
23A-CR-985
Criminal. Affirms Thomas Owen’s conviction of Level 5 felony battery by means of a deadly weapon. Finds the Marion Superior Court didn’t err in denying Owen’s motion to supplement the record. Also finds the trial court properly instructed the jury on elements of the charge and the state presented sufficient evidence of the victim’s identity and the use of a deadly weapon.
IMPD officers found not guilty of battery for alleged conduct during 2020 protest
A pair of Indianapolis Metropolitan Police Department officers were found innocent of felony battery and several other charges Friday that stemmed from allegations they used excessive force during a protest that followed the death of George Floyd.
Evidence sufficient to sustain battery conviction after parking lot brawl, COA affirms
A man convicted of felony battery never made a request of production for a media player that played surveillance footage of his attack, the Court of Appeals of Indiana ruled Monday in affirming the man’s underlying conviction.
Muncie man found guilty of murder in 2021 shooting
| IL Staff
A Delaware County jury convicted a man of murder Friday after he shot another man several times outside of a Muncie residence during a February 2021 confrontation.
Jury trial will decide how much Giuliani must pay election workers over false election fraud claims
Rudy Giuliani arrived at Washington’s federal courthouse on Monday for a trial to decide how much he might have to pay two Georgia election workers he falsely accused of fraud while pushing Donald Trump’s baseless claims after the 2020 election. The former New York City mayor has already been found liable in the defamation lawsuit […]
If college athletes can earn NIL money from the schools, what becomes of donor-backed collectives?
Donor-fueled collectives that raise money and funnel it to college athletes through name, image and likeness opportunities they facilitate probably won’t go away entirely if NCAA President Charlie Baker’s proposals for paying athletes become reality.
Expect a tamer legislative session in 2024
Republican leaders in the Indiana General Assembly say not to expect the same level of heated debate in the 2024 legislative session as there was in recent sessions. Instead, look for lawmakers to “tweak” and “fine-tune” existing laws.
Rokita appeals primary ruling
Indiana Attorney General Todd Rokita on Friday filed a notice of appeal, requesting the Indiana Supreme Court step in after a trial court judge last week found a state elections law unconstitutional.