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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.

Woman charged in June shooting that killed 3 in an Indianapolis entertainment district

October 6, 2023 | Associated Press

A 24-year-old woman has been charged in a June shooting that killed three people and sent others running in panic through an Indianapolis entertainment district, authorities said.

Indiana to receive $3.6M in privacy breach settlement

October 6, 2023 | Cate Charron, Inside Indiana Business

Indiana will receive $3.6 million, the most of any state, as part of a $49.5 million multistate settlement with software company Blackbaud, which was the subject of a 2020 data breach affecting millions of people.

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Trump lawyers seek dismissal of DC federal election subversion case, arguing presidential immunity

October 6, 2023 | Associated Press

Lawyers for Donald Trump asked a judge Thursday to dismiss the Washington federal election subversion case against him, arguing the Republican is immune from prosecution for actions they say were taken in his official role as president.

Maryland Supreme Court weighs victims’ rights in case of Adnan Syed from ‘Serial’ podcast

October 6, 2023 | Associated Press

Maryland’s highest court is considering whether the rights of a murder victim’s family were violated when Adnan Syed ‘s conviction in the killing was vacated last fall, years after his case gained national attention through the hit podcast “Serial.”

DCS found in contempt for not searching current, former directors’ emails in child death case

October 5, 2023 | Tyler Fenwick

A Hendricks Superior Court judge has found the Indiana Department of Child Services in civil contempt for failing to search the emails of its current and former directors in a case involving a 4-year-old who was killed.

Health care provider doesn’t retain immunity from med-mal suit for causing abuse report, COA rules in reversal

October 5, 2023 | Tyler Fenwick

An amendment to the child abuse reporting statute represents a policy determination that a provider who hasn’t acted with gross negligence or willful misconduct doesn’t retain immunity from a medical malpractice action for causing a report of child abuse.

Appellate court reverses resisting conviction, finding ‘pulling away’ wasn’t ‘forcible resistance’

October 5, 2023 | Alexa Shrake

A man arrested for acting disruptively in a casino has secured the reversal of his resisting law enforcement conviction, but the Court of Appeals of Indiana upheld his remaining convictions.

Maximum sentence appropriate for ‘worst of the worst’ stepfather convicted of sexual misconduct, COA affirms

October 5, 2023 | Daniel Carson

A man’s 14-year history of molesting his stepdaughter and the mental health issues she suffered from the repeated abuse justified a trial court’s imposition of a maximum 12-year prison sentence for sexual misconduct, the Court of Appeals of Indiana affirmed.

 

Opinions Oct. 5, 2023

October 5, 2023

Court of Appeals of Indiana
Harry Gillespie Nicholson, IV v. State of Indiana
23A-CR-890
Criminal. Affirms Harry Gillespie Nicholson IV’s sentence to 12 years in the Department of Correction for Level 4 felony sexual misconduct with a minor. Finds Nicholson has failed to establish that the maximum sentenced imposed by the Lake Superior Court was inappropriate given the nature of the offense and his character. 

7th Circuit vacates denial of habeas petition, orders evidentiary hearing

October 5, 2023 | Alexa Shrake

Overturning the district court and disagreeing with a state appellate court’s analysis, the 7th Circuit Court of Appeals has vacated the denial of habeas relief to a man convicted on drug charges, ordering an evidentiary hearing on his habeas petition.

Applications open for Wayne, St. Joe court vacancies

October 5, 2023 | IL Staff

Applications are open for upcoming trial court vacancies in two Indiana counties.

Biden administration says it is using executive power to allow border wall construction in Texas

October 5, 2023 | Associated Press

The Biden administration announced it has waived 26 federal laws in South Texas to allow border wall construction on Wednesday, marking the administration’s first use of sweeping executive power to pave the way for building more border barriers.

 

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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

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • 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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