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Man convicted of child pornography possession needs to be resentenced, COA rules in reversal

October 10, 2023 | Daniel Carson

A man’s possession of six child pornography images on one date constituted a single episode of criminal conduct, the Court of Appeals of Indiana ruled Tuesday in reversing a trial court’s sentence and remanding the case for resentencing.

Man didn’t have right to confront informant at trial in meth case, COA affirms

October 10, 2023 | Tyler Fenwick

A man convicted for dealing in methamphetamine didn’t have his rights violated when the trial court admitted evidence of the drug deals and denied his continuance motion, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.

ND Law School gets $3M grant to defend Mexican nationals in criminal cases

October 10, 2023 | Tyler Fenwick

Notre Dame Law School’s Exoneration Justice Clinic received a $3 million grant from Mexico’s Ministry of Foreign Affairs to defend Mexican nationals in criminal cases in the United States.

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Supreme Court to hear arguments in key case about gerrymandering

October 10, 2023

A South Carolina case about gerrymandering – the drawing of legislative district lines to maximize political power – that could affect voting rights around the country will be one of the cases decided by the U.S. Supreme Court during its upcoming term.

Nearly two-thirds of serious mental health needs unmet in Marion County, report says

October 10, 2023 | John Russell, Indianapolis Business Journal

Nearly two-thirds of Marion County residents who needed treatment for a serious mental illness did not receive it in the past year due to lack of psychiatrists and therapists, along with other factors, a new study says.

New senator chosen in caucus

October 10, 2023 | Indiana Capital Chronicle

Greg Goode will replace outgoing state Sen. Jon Ford in Senate District 38 after winning a Saturday morning caucus vote.

The future of electric vehicles looms over negotiations in the US autoworkers strike

October 10, 2023 | Associated Press

With the UAW strike now in its fourth week, electric vehicles and their potential impact on job security have become central to union negotiations with the automakers.

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IU McKinney symposium focused on public health, housing, environmental issues

October 9, 2023 | IL Staff

The IU McKinney School of Law plans to hold a daylong symposium devoted to public health, housing and environmental issues later this month.

Hispanic Heritage Month CLE looks at immigration experience

October 9, 2023 | Alexa Shrake

In celebration of Hispanic Heritage Month, the U.S. District Court for the Southern District of Indiana hosted a continuing legal education event Friday to learn more about the immigration experience.

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Southern District denies dismissal motion in Anderson redistricting lawsuit

October 9, 2023 | Daniel Carson

A federal judge has denied a motion to dismiss an electoral redistricting lawsuit that alleges Anderson’s city council districts violate constitutional and statutory rights.

IN Supreme Court amends citation requirements in Rules of Appellate Procedure

October 9, 2023 | Tyler Fenwick

The Indiana Supreme Court has amended Rule 22 of the Rules of Appellate Procedure, which in part details how memorandum decisions should be cited and broadens the scope of cases that need to be cited.

Farm bill stalled amid U.S. House speaker battle, delay of spending bills

October 9, 2023 | Indiana Capital Chronicle

As Congress faces another pressing deadline to fund the government and the U.S. House grinds to a halt without a speaker, the reauthorization of the nation’s agriculture and hunger programs has taken a back seat.

How third-party and independent candidates could threaten Democrats and Republicans in 2024

October 9, 2023 | Associated Press

While the politics are murky, a fresh frenzy of outsider candidates threatens to weaken both major parties as Democratic President Joe Biden and Republican former President Donald Trump tighten their grip on their parties’ presidential nominations.

Workers at Mack Trucks go on strike after rejecting tentative contract deal

October 9, 2023 | Associated Press

Union workers at Mack Trucks went on strike Monday after voting down a tentative five-year contract agreement that negotiators had reached with the company.

 

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Tensions rise over deposition, judge selection in Senate hopeful John Rust’s ballot access suit

October 9, 2023 | Indiana Capital Chronicle

A lawsuit filed by Republican U.S. Senate candidate John Rust appears to be in a stalemate amid the search for a new judge, disagreements over filing timelines and contention over a deposition.

Opinions Oct. 6, 2023

October 6, 2023

Court of Appeals of Indiana
Loren Wayne Tidwell v. State of Indiana (mem. dec.)
23A-PC-55
Post-conviction relief. Affirms the denial of Loren Tidwell’s petition for post-conviction relief. Finds Tidwell’s right to due process was not infringed in the underlying post-conviction proceedings. Also finds Tidwell has not demonstrated that the post-conviction court’s conclusion that trial counsel rendered effective assistance was clearly erroneous. Finally, finds PCR counsel’s performance did not deprive Tidwell of a procedurally fair proceeding.

IN Supreme Court amends section for deposition rules of trial procedure

October 6, 2023 | IL Staff

The Indiana Supreme Court has amended the Rules of Trial Procedure regarding depositions. The changes, which were announced Wednesday and are effective Jan. 1, are to subsections C and F of Rule 30 on Depositions Upon Oral Examination.

IN justices grant transfer to negligence, spoilation case

October 6, 2023 | Tyler Fenwick

Indiana Supreme Court justices granted transfer to a case involving an insurance company that made negligence and spoilation claims against a company hired for renovation work after a house fire.

IN Supreme Court orders new hearing after finding trial court didn’t comply with Juvenile Waiver Statute

October 6, 2023 | Tyler Fenwick

A trial court failed to comply with the Juvenile Waiver Statute before accepting a teenager’s admission to auto theft, the Indiana Supreme Court has ruled in a reversal.

IN Supreme Court to hear two oral arguments next week

October 6, 2023 | IL Staff

The Indiana Supreme Court will be hearing two oral arguments next week in cases involving a woman injured in a swimming pool accident and an arbitration dispute involving more than 30 models and an insurance provider for three strip clubs.

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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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