Indiana legislative committee weighs cannabis legalization but fails to make recommendations
Could Indiana be moving toward less stringent marijuana laws, or even total cannabis legalization?
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Federal judge orders city to produce some, but not all, IMPD documents related to death of Herman Whitfield
Several police documents related to the death of Herman Whitfield III can be withheld until the criminal cases against two officers involved in his death are resolved, a judge has ruled. But other documents not related to the criminal cases must be produced.
Opinions Nov. 1, 2023
Court of Appeals of Indiana
Frank Garber v. Robert Blair (mem. dec.)
23A-CT-953
Civil tort. Affirms the judgment in favor of Frank Garber on his counterclaim against Robert Blair in which Garber sought to foreclose on Blair’s mortgage and recover damages for breach of contract. Finds Garber has not shown any error in the Kosciusko Circuit Court awarding him $100,200 plus $5,000 in attorney fees.
Supreme Court seems likely to rule against trademark in ‘Trump too small’ case
The U.S. Supreme Court signaled Wednesday that it would rule against a man who wants to trademark the suggestive phrase “Trump too small.”
NAWJ honors Rush with Lady Justice Award
| IL Staff
Indiana Chief Justice Loretta Rush received the Lady Justice Award from the National Association of Women Judges during its annual convention in Indianapolis.
Benched basketball player denied injunction against coach for ‘slight, speculative’ harms
A federal judge has denied a benched girls basketball player’s request for a preliminary injunction against her coach and school district, determining the teen’s alleged harms are “slight, speculative, and economic.”
Q&A with former Indiana Chief Justice Randall T. Shepard
In September, Indiana Landmarks — the largest private statewide historic preservation organization in the U.S. — presented Randall T. Shepard with the 2023 Williamson Prize for Outstanding Preservation Leadership.
Health entities providing gender transition care turn to court to quash attorney general’s request
Three health care entities urged a Marion County judge to quash civil investigative demands from Attorney General Todd Rokita on Tuesday, part of an ongoing battle over gender transition care.
Suspect arrested in Halloween 1982 cold case slaying in Seymour
A suspect has been arrested in connection with the Halloween 1982 cold case slaying of a southern Indiana man, state police announced Tuesday on the 41st anniversary of the crime.
House Speaker Mike Johnson was once the dean of a Christian law school. It never opened its doors
Before House Speaker Mike Johnson was elected to public office, he was the dean of a small Baptist law school that didn’t actually exist.
Ousted founders of transportation company get TRO against former general counsel, state lawmaker, others
A northern Indiana transportation company has obtained a temporary restraining order against its former general counsel, a state lawmaker and other defendants in a dispute over the sale of more than $28 million of the company’s stock.
Trial moved to late 2024 for Delphi man charged in killings of 2 girls slain during hiking trip
The trial for an Indiana man charged in the killings of two teenage girls slain in 2017 during a hiking trip was moved Tuesday from January to next October after the presiding judge told the suspect she will not allow his former attorneys to represent him.
COA affirms jury verdict in favor of home sellers accused of fraudulent misrepresentation
A couple alleging fraudulent misrepresentation in their purchase of a home has failed to convince the Court of Appeals of Indiana that the jury was improperly instructed or that the verdict in favor of the sellers was not supported by the evidence.
Opinions Oct. 31, 2023
Indiana Supreme Court
State of Indiana v. $2,435 in United States Currency and Alucious Q. Kizer
23S-CR-72
Criminal. Affirms the Allen Circuit Court’s order vacating its previous order granting the state’s motion to strike Alucious Kizer’s demand for a jury trial. Finds a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury. Remands for a jury trial.
Disabled daughter’s disability benefits can’t be used to offset father’s child support obligation, COA affirms
Addressing a child support dispute for the second time on appeal, the Court of Appeals of Indiana has rejected a father’s argument that his disabled daughter’s disability benefits should be used to offset his child support obligation.
No error in granting receiver’s turnover motion after deposits in out-of-state bank account, COA affirms
A trial court did not err in issuing a turnover order to obtain assets in a case involving millions of dollars in promissory notes, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
IN justices: Civil forfeiture defendants have constitutional right to jury trial
Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.
State not entitled to ITCA immunity in case of woman injured on redesigned highway, COA affirms
The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.
Voting open to fill upcoming attorney vacancy on Judicial Nominating Commission
| IL Staff
An election to fill an upcoming attorney vacancy on the Indiana Judicial Nominating Commission is open now through Nov. 15.
Woman in divorce case can’t relocate with her child to San Diego, COA affirms
A mother whose request to relocate to California with her minor child was denied has failed in her bid for relief from the Court of Appeals of Indiana.
