IndyBar: WLD Mentorship Reception emphasizes importance of relationships
The IndyBar Women and the Law Division’s mentoring program connects mentors and mentees to navigate a legal career from just out of law school to 20 years or more in the field.
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Election vs. selection: An update on the dispute over Lake Superior Court judges
The dispute over judicial elections versus merit selection in Indiana’s most populous — and diverse — counties isn’t new, but it is ongoing. Right now, the debate seems to be centered on Lake County.
IndyBar: Hair Discrimination Has No Age Limits
| From IndyBar and Roya Porter
Please join the Marion County Bar Association, which will host Jantina Anderson, an IUPUI doctoral candidate, to speak on the topic of hair discrimination as part of a statewide racial equity humanities initiative in partnership with Indiana Humanities.
Alson and Pashos: Judicial deference to administrative agencies in 2024
| Mark Alson and Kay Pashos
In the four decades since Chevron was decided, it has been cited in more than 18,000 cases. Today, however, the future of the “Chevron deference” is uncertain.
Sugarman: Change coming to judicial review of agency action in Indiana?
Two cases currently pending before the United States Supreme Court have the potential to change the face of administrative law at the federal and, perhaps, state level by eliminating or significantly curtailing Chevron deference.
IndyBar: 2024 Indianapolis Bar Foundation Installation Remarks
| From IndyBar and Travis Jensen
On Jan. 25, the Indianapolis Bar Foundation celebrated the installation of its 28th president, Travis N. Jensen. The following is the address he gave to the nearly 200 members, family, and friends in attendance.
Indiana Court Decisions: Jan. 25-Feb. 7, 2024
Read Indiana appellate court decisions from the most recent reporting period.
COA splits in reducing 220-year sentence for teen convicted in ‘worst of the worst’ murder
A convicted murderer sentenced as a teen to more than 200 years will have his sentence reduced to 135 years, although one Court of Appeals of Indiana judge would uphold the 220-year term.
Grandmother had standing to seek visitation, COA affirms in adoption case
A grandmother who filed her grandparent visitation petition before her grandchild was adopted had standing to bring the action under the state’s Grandparent Visitation Act, the Court of Appeals of Indiana affirmed Tuesday.
Opinions Feb. 13, 2024
Court of Appeals of Indiana
Desmond Banks v. State of Indiana
23A-CR-896
Criminal. Affirms and reverses in part Desmond Banks’ convictions in a quadruple murder and his de facto life sentence. Finds the Marion Superior Court properly denied Banks’ motion for mistrial based on Critical Emergency Response Team members approaching and standing behind him as jurors filed out of the courtroom. Also finds three of the four robbery convictions should be vacated due to insufficient evidence. Finally, finds Desmond’s convictions for the murder and Level 2 felony robbery of Marcel Wills constitute double jeopardy, and his 220-year sentence is inappropriate. Reduces his sentence to 135 years. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery. Judge Cale Bradford concurs in part and dissents in part with separate opinion.
Rush to keynote Women’s History Month celebration
| IL Staff
Indiana Chief Justice Loretta Rush will keynote this year’s Women’s History Month celebration hosted by the U.S. District Court for the Southern District of Indiana and the Indianapolis Bar Association.
IN justices: Dram Shop Act modified, not eliminated, liability for businesses serving alcohol
The state’s Dram Shop Act modified, but did not eliminate, common law liability for entities that serve alcohol, the Indiana Supreme Court ruled Monday.
Trump asks Supreme Court to put off election interference trial, claiming immunity
Former President Donald Trump is asking the Supreme Court to extend the delay in his election interference trial, saying he is immune from prosecution on charges he plotted to overturn his 2020 election loss.
Senate passes a $95.3 billion aid package for Ukraine and Israel, but fate in the House is uncertain
The Senate early Tuesday passed a $95.3 billion aid package for Ukraine, Israel and Taiwan, pushing ahead after months of difficult negotiations and amid growing political divisions in the Republican Party over the role of the United States abroad.
Holcomb signs first bill of 2024, rolls back wetlands protections
Indiana Gov. Eric Holcomb signed the first bill to hit his desk in the 2024 legislative session: one further eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.
Controversial elections security bill could see changes
House Bill 1264 has won praise from some who say it would improve election security. But it’s also rankled voting rights advocates — who fear it could disenfranchise some eligible voters — and deadlocked the bipartisan state clerks association.
Indiana high court weighs Rust’s challenge to appear on primary ballot in U.S. Senate race
Whether U.S. Senate hopeful John Rust can appear on Indiana’s primary ballot is now up to the state’s supreme court justices.
7th Circuit affirms sentence in wire fraud case where victim was repaid before criminal proceedings
When a man’s efforts to defraud a friend out of $310,000 were detected should take priority in his sentencing for wire fraud, regardless of the fact that he paid her back before any criminal proceedings took place, the 7th Circuit Court of Appeals has affirmed.
Summary judgment briefing partially stayed in Anderson redistricting dispute
| IL Staff
Summary judgment briefing has been partially stayed in an electoral redistricting lawsuit that alleges Anderson’s city council districts violate constitutional and statutory rights.
COA affirms, finds division of marital estate in favor of husband was not in error
A trial court correctly awarded a Delaware County man 62% of a marital estate in a divorce case, the Court of Appeals of Indiana ruled Monday in affirming the court’s determination to divide the estate in the husband’s favor.
