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Opinions Oct. 26, 2023

October 26, 2023

Court of Appeals of Indiana
D.M. v. State of Indiana
23A-JV-395
Juvenile. Reverses D.M.’s adjudication as a delinquent child for dangerous possession of a firearm. Affirms D.M.’s adjudications for possession of a firearm on school property and criminal recklessness. Finds the adjudications for possession of a firearm on school property and dangerous possession of a firearm constitute double jeopardy. Also finds the state presented sufficient evidence to support the adjudication for criminal recklessness. Remands with instructions to vacate the dangerous possession adjudication. Judge L. Mark Bailey concurs in result with separate opinion.

Excluding, redacting portions of journal not inappropriate in sexual battery case, COA affirms

October 26, 2023 | Tyler Fenwick

A trial court did not err in excluding and redacting portions of a journal from a college student in a case involving another student who was charged with sexual battery, the Court of Appeals of Indiana has ruled.

2 aggravated battery convictions related to judges’ 2019 shooting overturned, but defendant’s self-defense, fundamental error claims rejected on appeal

October 26, 2023 | Olivia Covington

The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld.

Man loses appeal of murder conviction in shooting death of Southport Police Lt. Allan

October 26, 2023 | Daniel Carson

The man convicted of killing Southport Police Lt. Aaron Allan has lost his arguments on appeal that due process violations and insufficient evidence undercut his murder conviction.

COA overturns dangerous possession delinquency adjudication on double jeopardy grounds; panel disagrees on Wadle analysis

October 26, 2023 | Alexa Shrake

A dangerous-possession-of-a-firearm delinquency adjudication has been overturned on double jeopardy grounds, but the Court of Appeals of Indiana also upheld the juvenile’s criminal recklessness adjudication.

Lawmakers grapple with legal, educational implications of AI

October 26, 2023 | Indiana Capital Chronicle

Artificial intelligence promises to revolutionize how people work, and nearly every aspect of life could be transformed — prompting lawmakers in an interim commerce committee to scrutinize the new technology and how to best regulate it.

New Albany Indiana man gets 240 years for 2 murders, attempted murder and robbery

October 26, 2023 | Associated Press

A man convicted of fatally shooting his wife and a bystander and injuring a third person at a southern Indiana gas station last year was sentenced to 240 years in prison Wednesday.

Who is Mike Johnson? New House speaker is a strong Trump ally and a quiet force among Republicans

October 26, 2023 | Associated Press

A low-key lawmaker in Congress for less than a decade, new House Speaker Mike Johnson isn’t recognizable to most Americans. But the social conservative and devoted ally of former President Donald Trump has been a quiet force within the Republican conference.

At least 16 dead in Maine mass killing and police hunt for shooter as residents take shelter

October 26, 2023 | Associated Press

A man shot and killed at least 16 people at a restaurant and a bowling alley in Maine and then fled into the night, sparking a massive search by hundreds of officers while frightened residents stayed locked in their homes.

Trump fined $10,000 over comment he made outside court in New York civil fraud trial

October 25, 2023 | Associated Press

Donald Trump was called to the witness stand and then fined $10,000 on Wednesday after a judge concluded that the former president had violated a limited gag order in his civil fraud trial.

Opinions Oct. 25, 2023

October 25, 2023

Court of Appeals of Indiana
Donald K. Ingram v. State of Indiana (mem. dec.)
23A-CR-838
Criminal. Affirms Donald Ingram’s Level 4 felony child molesting conviction and 12-year sentence in Morgan Superior Court. Finds the state presented sufficient evidence beyond a reasonable doubt to support Ingram’s conviction. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.

IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance

October 25, 2023 | Tyler Fenwick

A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.

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‘It’s 2023, for heaven’s sake’: 7th Circuit orders district court to consider reasonableness of wheelchair-accessible ramp at Shelbyville Post Office

October 25, 2023 | Alexa Shrake

A woman in a wheelchair fighting for a ramp at her local post office will be able to make her argument in court after the 7th Circuit Court of Appeals vacated summary judgment for the United States Postal Service, which so far has refused to build the ramp.

IU McKinney creates Law Scholar partnership with Indiana State University

October 25, 2023 | IL Staff

Indiana University Robert H. McKinney School of Law has entered into an agreement with Indiana State University to create the Indiana State University Law Scholar program, the 14th such partnership for the Indianapolis law school.

Survey finds US abortions rose slightly overall after new restrictions started in some states

October 25, 2023 | Associated Press

The total number of abortions provided in the U.S. rose slightly in the 12 months after states began implementing bans on them throughout pregnancy, a new survey finds.

Hoosiers gave ‘Zoom court’ high marks

October 25, 2023 | Indiana Capital Chronicle

For thousands of Hoosiers undergoing civil proceedings during the COVID-19 pandemic, remote hearings or “Zoom court” allowed them to attend safely and conveniently.

Indiana sheriff’s deputies fatally shoot Muncie man, 19, who shot at them, state police say

October 25, 2023 | Associated Press

A 19-year-old eastern Indiana man has been fatally shot after shooting at local sheriff’s deputies responding to a report of a drug overdose, state police said.

Mike Johnson elected House speaker with broad GOP support

October 25, 2023 | Associated Press

Republicans eagerly elected Rep. Mike Johnson as House speaker Wednesday, elevating a deeply conservative but lesser-known leader to the seat of U.S. power and ending for now the political chaos in their majority.

South Carolina prosecutors want legislators who are lawyers off a judicial screening committee

October 25, 2023 | Associated Press

Nine of South Carolina’s 16 elected prosecutors are asking to remove all legislators who are lawyers from a committee that decides which judicial candidates are put before the General Assembly for election.

IndyBar: President’s Awards Announced

October 25, 2023 | From IndyBar

Several honorees will be celebrated at the Nov. 15 Recognition Breakfast at Meridian Hills Country Club.

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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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