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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.

Supreme Court wrestles with social media cases that have echoes of Donald Trump

October 31, 2023 | Associated Press

The U.S. Supreme Court wrestled Tuesday with whether public officials can block critics from commenting on their social media accounts, an issue that first arose in a case involving former President Donald Trump.

What Trump can, can’t say under gag order in federal 2020 election interference case

October 31, 2023 | Associated Press

A gag order in Donald Trump’s election interference case in Washington is back in place, restricting the former president’s rhetoric as he prepares for trial and campaigns to return to the White House in 2024.

Trial court’s improper remark on reasonable doubt standard not enough to overturn murder conviction, COA affirms

October 30, 2023 | Alexa Shrake

A trial court’s remark endorsing “80% certainty” as a description of the reasonable doubt standard was improper but did not rise to the level of fundamental error for a woman convicted of murder in a fatal robbery, the Court of Appeals of Indiana ruled Monday.

Collateral consequences doctrine doesn’t apply to moot involuntary commitment appeal, COA rules in dismissal

October 30, 2023 | Daniel Carson

The Court of Appeals has dismissed as moot the appeal of a woman’s involuntary commitment, determining the collateral consequences doctrine does not apply in her case.

Speedway immune from lawsuit filed after police dog bit delivery driver

October 30, 2023 | Daniel Carson

The town of Speedway is immune from a lawsuit filed by a delivery driver who was bitten by a town K-9 officer, the Court of Appeals of Indiana has affirmed.

Opinions Oct. 30, 2023

October 30, 2023

Court of Appeals of Indiana
Jennifer L. Dean v. State of Indiana
22A-CR-2104
Criminal. Affirms Jennifer Dean’s conviction of felony murder and her 60-year sentence. Finds the Carroll Circuit Court’s remark endorsing an 80% certainty as a description of the reasonable doubt standard was improper but does not rise to the level of fundamental error. Also finds sufficient evidence supports Dean’s conviction. Finally, finds her sentence is not inappropriate.

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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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