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Opinions Oct. 18, 2023

October 18, 2023

Court of Appeals of Indiana
James Huspon v. State of Indiana (mem. dec.)
22A-PC-2853
Post-conviction relief. Affirms the Marion Superior Court’s denial of post-conviction relief to James Huspon. Finds Huspon’s 100-year sentence does not violate the Eighth Amendment. Also finds Huspon has failed to establish that his proffered evidence relating to juvenile brain development would result in a shorter sentence. Declines to address Huspon’s argument that his sentence violates Article 1, Section 16 of the Indiana Constitution because he did not raise an argument based on the nature of his offenses.

Indianapolis lawyer Eric Miller to close Advance America lobbying group

October 18, 2023 | Indiana Capital Chronicle

Prominent Indiana lobbyist Eric Miller, a self-described “pro-family and pro-church” advocate, announced Tuesday he will close the doors to his conservative political advocacy group by the end of the year.

Ex-Kevin McCarthy aide to run for Indiana’s 5th Congressional District

October 18, 2023 | Peter Blanchard, Indianapolis Business Journal

An Indiana native and seasoned congressional staffer announced Tuesday that he is joining a crowded field of Republicans running for Indiana’s 5th Congressional District.

Trump appealing narrow gag order imposed in 2020 election interference case

October 18, 2023 | Associated Press

Former President Donald Trump is appealing a narrow gag order that bars him from making statements attacking prosecutors, potential witnesses and court staff in his election interference case in Washington, according to court documents filed Tuesday.

A security problem has taken down computer systems for almost all Kansas courts

October 18, 2023 | Associated Press

Computer systems for almost all of Kansas’ courts have been offline for five days because of what officials call a “security incident,” preventing them from accepting electronic filings and blocking public access to many of their records.

South Carolina’s governor wants more financial, background information from magistrates

October 18, 2023 | Associated Press

South Carolina’s governor is requiring candidates nominated to be lower-level judges in South Carolina to submit the same kind of financial and background information as other statewide appointments.

IN justices grant transfer to med mal case, deny transfer to case involving streaming services

October 17, 2023 | IL Staff

Indiana Supreme Court justices have granted transfer to a medical malpractice case involving a hospital technician’s failure to sterilize surgical equipment.

Criminal contempt defendants entitled to appointment of mental health experts, COA rules

October 17, 2023 | Alexa Shrake

Defendants facing criminal contempt are entitled to the same statutory protections as other criminal defendants, including the right to the appointment of mental health experts, the Court of Appeals of Indiana ruled in a Tuesday reversal.

Texts introduced as evidence in drug conspiracy case were harmless, 7th Circuit rules

October 17, 2023 | Daniel Carson

The admission of a screenshot of a defendant’s texts with a contact during his trial on a drug-related conspiracy charge was harmless and only one piece of an “overwhelming” amount of evidence supporting his conviction, the 7th Circuit Court of Appeals ruled.

smartphone

Republicans reject Rep. Jim Jordan for House speaker on first ballot, but more voting likely

October 17, 2023 | Associated Press

Republicans rejected Rep. Jim Jordan for House speaker on a first ballot Tuesday, as an unexpectedly numerous 20 holdouts denied the hard-charging ally of Donald Trump the GOP majority needed to seize the gavel.

Indianapolis Professional Association fall event to focus on mentorship

October 17, 2023 | IL Staff

The Indianapolis Professional Association’s fall networking event this month will focus on leadership development and mentoring.

Opinions Oct. 17, 2023

October 17, 2023

Court of Appeals of Indiana
Russell G. Finnegan v. State of Indiana
23A-MI-442
Miscellaneous. Reverses the Pulaski Circuit Court’s finding that Russell Finnegan was in indirect criminal contempt of court. Finds the trial court abused its discretion in failing to act on Finnegan’s notice of intent to file an insanity defense and appoint medical personnel to evaluate his mental health and testify at his criminal contempt hearing. Remands for further proceedings.

Appeals court allows Alex Murdaugh to argue for new trial because of possible jury tampering

October 17, 2023 | Associated Press

An appeals court in South Carolina is allowing Alex Murdaugh to ask a judge to throw out his murder convictions and life sentence and get a new trial after his lawyers accused the court clerk in his trial of influencing the jury.

Rust gives big to his campaign for Indiana’s open U.S. Senate seat, but Banks tops total donations

October 17, 2023 | Indiana Capital Chronicle

U.S. Senate candidate John Rust gave big to his own campaign during the third quarter, which he says is a sign that he won’t be propped up by political action committees.

New York judge rejects Indiana ex-U.S. Rep. Steve Buyer’s request to remain free pending appeal

October 17, 2023 | Associated Press

Former U.S. Rep. Steve Buyer cannot defer his surrender next month to serve a nearly two-year prison sentence resulting from his insider trading conviction because there was overwhelming evidence of his crimes, a federal judge said Monday.

SCOTUS orders makers of gun parts to comply with rules on ghost guns

October 17, 2023 | Associated Press

The Supreme Court on Monday ordered two internet sellers of gun parts to comply with a Biden administration regulation aimed at ghost guns, firearms that are difficult to trace because they lack serial numbers.

Supreme Court leaves in place court victory for PETA over North Carolina’s ag-gag law

October 17, 2023 | Associated Press

The U.S. Supreme Court on Monday rejected North Carolina’s appeal in a dispute with animal rights groups over a law aimed at preventing undercover employees at farms and other workplaces from taking documents or recording video.

Settlement over family separations at border limits future separations for 8 years

October 16, 2023 | Associated Press

The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families with temporary legal status and short-term housing aid.

Annual court history symposium to discuss Marion Co. jail overcrowding

October 16, 2023 | IL Staff

The 2023 Court History and Continuing Legal Education Symposium in the Indiana Southern District Court will take place next month with a focus on jail overcrowding in Marion County.

School district, ex-wrestling coach who slapped student win summary judgment in federal court

October 16, 2023 | Daniel Carson

A former high school wrestling coach who slapped a student and the school district he worked for have won summary judgment in federal court on claims filed by the student and her mother.

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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

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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