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Opinions Dec. 7, 2023

December 7, 2023

7th Circuit Court of Appeals
Heather Tutwiler v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-2808
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the district court’s order affirming the denial of benefits for Heather Tutwiler. Finds the administrative law judge’s decision was supported by substantial evidence and was not otherwise contrary to law.

Fort Wayne woman appointed to JNC by Holcomb

December 7, 2023 | IL Staff

A Fort Wayne woman has been appointed to the Indiana Judicial Nominating Commission for a three-year term, Gov. Eric Holcomb has announced.

ALJ properly analyzed ‘enough’ factors to support disability benefits denial, 7th Circuit rules

December 7, 2023 | Olivia Covington

While an administrative law judge might have erred in his analysis of some factors in rejecting a woman’s disability benefits application, “enough” of his analysis supported his ruling, the 7th Circuit Court of Appeals ruled in affirming the benefits denial.

In 3rd appeal, COA again rules against couple operating shooting range without a permit

December 7, 2023 | Alexa Shrake

Returning to the Court of Appeals of Indiana for the third time, a couple operating a shooting range on their property without the proper permitting failed to find relief from an order in favor of the local planning commission.

Texas judge grants pregnant woman permission to get abortion despite state’s ban

December 7, 2023 | Associated Press

A Texas judge on Thursday gave a pregnant woman whose fetus has a fatal diagnosis permission to get an abortion in an unprecedented challenge over bans that more than a dozen states have enacted since Roe v. Wade was overturned.

Purdue wins $32.5M in patent-infringement lawsuit

December 7, 2023 | Susan Orr, Indianapolis Business Journal

A Texas jury this week awarded Purdue University $32.5 million in damages in its patent infringement lawsuit against an international microelectronics company.

fees

Holcomb defends LEAP pipeline, prepares for last legislative session

December 7, 2023 | Indiana Capital Chronicle

Gov. Eric Holcomb defended the timeline process for a water pipeline from Tippecanoe County to Boone County for a massive, high-tech development grounded by a multibillion-dollar investment from Eli Lilly.

Ex-Notre Dame, Colts player Sergio Brown pleads not guilty to killing mother

December 7, 2023 | Associated Press

Former NFL Player Sergio Brown pleaded not guilty Wednesday to charges of first-degree murder and concealing a homicide in the September death of his mother.

Fake Trump electors settle civil lawsuit in Wisconsin, agree that Biden won

December 7, 2023 | Associated Press

Ten Republicans who posed as fake electors for former President Donald Trump in Wisconsin have settled a civil lawsuit and admitted their actions were part of an effort to overturn President Joe Biden’s victory.

ISBA supporting IN Supreme Court proposal to allow graduates of non-ABA-accredited schools to take Indiana bar

December 6, 2023 | IL Staff

The Indiana State Bar Association is supporting the Indiana Supreme Court’s proposal to allow graduates of non-American Bar Association-accredited law schools to sit for the Indiana bar.

COA focuses on compelling interest, exceptions to abortion ban in arguments on RFRA injunction

December 6, 2023 | Alexa Shrake

The fate of an injunction against Indiana’s near-total abortion ban on religious freedom grounds is now in the hands of the Court of Appeals of Indiana, which heard arguments in the case on Wednesday.

Muncie man found guilty of murder in February 2022 shooting

December 6, 2023 | IL Staff

A Delaware County jury found a Muncie man guilty of murder Monday for his role in the February 2022 fatal shooting of his brother’s roommate.

Justices to hear oral arguments in canceled insurance, Red Lobster cases next week

December 6, 2023

The Indiana Supreme Court will hear two oral arguments next week in cases involving a challenge to a company’s termination of a couple’s auto insurance policy and a lower court’s denial of restaurant chain Red Lobster’s summary judgment motion.

Opinions Dec. 6, 2023

December 6, 2023

Court of Appeals of Indiana
De’Torio Ty Lurentus Berneard Fleming v. State of Indiana (mem. dec.)
22A-CR-2741
Criminal. Affirms De’Torio Ty Lurentus Berneard Fleming’s convictions of felony murder and Level 3 felony armed robbery and his aggregate 64-year sentence. Finds the Madison Circuit Court did not abuse its discretion when it admitted a photograph of Fleming’s hands taken during the trial into evidence. Also finds the trial court did not abuse its discretion when it sentenced Fleming.

US files war crime charges against Russians accused of torturing American in Ukraine invasion

December 6, 2023 | Associated Press

Four Russian men accused of torturing an American during the invasion of Ukraine have been charged with war crimes in a first-of-its-kind case, the Justice Department announced on Wednesday.

Supreme Court throws out case that could have limited lawsuits over disability access

December 6, 2023 | Associated Press

The U.S. Supreme Court on Tuesday dismissed a case surrounding a Maine hotel that could have made it harder for people with disabilities to learn in advance whether a hotel’s accommodations meet their needs.

Senate approves hundreds of military promotions after Republican senator ends blockade of nominees

December 6, 2023 | Associated Press

The Senate in a single stroke Tuesday approved about 425 military promotions after Sen. Tommy Tuberville of Alabama ended a monthslong blockade of nominations over his opposition to a Pentagon abortion policy.

A narrowing Republican presidential field will debate with just six weeks before the Iowa caucuses

December 6, 2023 | Associated Press

The shrinking field of Republican presidential hopefuls will gather on a debate stage Wednesday for the fourth time this year, running out of time to shake up a race that’s been dominated by former President Donald Trump.

Biden will sign an executive order on federal funding for Native Americans

December 6, 2023 | Associated Press

President Joe Biden will sign an executive order on Wednesday during a tribal nations summit that aims to make it easier for Native Americans to access federal funding and have greater autonomy over how to invest those funds.

Supreme Court signals it will uphold tax on foreign income, leave wealth tax for another day

December 6, 2023 | Associated Press

The Supreme Court on Tuesday seemed inclined to uphold a tax on foreign income while leaving questions about a broader, never-enacted tax on wealth for another day.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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