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Opinions Oct. 11, 2023

October 11, 2023

Court of Appeals of Indiana
Dylan T. Myers v. State of Indiana
22A-CR-3022
Criminal. Affirms Dylan T. Myers’ conviction of neglect of a dependent resulting in catastrophic injury as a Level 1 felony and his 30-year sentence. Finds the state presented sufficient evidence to support Myers’ conviction. Also finds the sentence imposed on Myers’ conviction under the neglect statute as a Level 1 felony does not offend the proportionality clause of the Indiana Constitution.

IN Northern District posts opening to fill potential Kolar magistrate vacancy

October 11, 2023 | IL Staff

With Indiana Northern District Magistrate Judge Joshua Kolar awaiting a confirmation vote from the U.S. Senate to fill a vacancy on the 7th Circuit Court of Appeals, the district court is preparing to fill the anticipated magistrate judge vacancy.

No proof man intended to deal meth, split COA rules in reversal

October 11, 2023 | Daniel Carson

There was no evidence that a man intended to sell the methamphetamine found in his possession during a traffic stop, a split Court of Appeals of Indiana ruled Wednesday in reversing a dealing conviction.

Neglect conviction upheld for man who caused ‘catastrophic’ injuries to baby

October 11, 2023 | Olivia Covington

A man convicted of neglect against his girlfriend’s infant daughter has failed to convince the Court of Appeals of Indiana that either insufficient evidence or the Indiana Constitution require reversal of his Level 1 felony conviction.

DCS employees sued in federal court in continued fallout from child death case

October 11, 2023 | Tyler Fenwick

Two Indiana Department of Child Services case workers and a former director in LaPorte County are facing a federal lawsuit over a 4-year-old who was tortured and killed by his parents, the most recent development in the legal fallout from the child’s death.

Contentious Bloomington billboard ban vote shelved after legal question

October 11, 2023 | Cate Charron, Inside Indiana Business

Bloomington business owners and organizations may need to find other advertising solutions as the city weighs banning billboards.

Rep. Santos faces new charges he stole donor IDs, made unauthorized charges to their credit cards

October 11, 2023 | Associated Press

U.S. Rep. George Santos stole the identities of donors to his campaign and then used their credit cards to ring up tens of thousands of dollars in unauthorized charges, according to a new indictment filed Tuesday.

Utah sues TikTok, alleging it lures children into addictive and destructive social media habits

October 11, 2023 | Associated Press

Utah became the latest state Tuesday to file a lawsuit against TikTok, alleging the company is “baiting” children into addictive and unhealthy social media habits.

Lee: ‘The look’ vs. ‘the sigh’

October 11, 2023 | Tasha Lee

You’ve heard of “the look,” right? The one that people of color sometimes receive when they enter a store, walk down the street or just exist? I did not even realize “the look” existed until I was an adult.

Maley: Diversity jurisdiction and LLCs

October 11, 2023 | John Maley

Whether federal question jurisdiction exists is typically apparent and not contested. Diversity jurisdiction, however, is improperly invoked with frequency.

‘It’s a societal challenge’: Why patent law has a diversity problem

October 11, 2023 | Tyler Fenwick

According to data collected through the American Bar Association Section of Intellectual Property Law, there are more patent attorneys and agents named Michael in the U.S. than there are racially diverse women.

Thuesen: Labor law in Germany vs. United States

October 11, 2023 | Isaac Thuesen

I have had the wonderful opportunity to spend the fall of my 3L year studying at Bucerius Law School in Hamburg, Germany. One of my reasons for studying in Germany was that I wanted to experience a different country’s approach to labor and employment law.

Wright: Acknowledging implicit bias to support a culture of DEI

October 11, 2023 | Alexandra P. Wright

For any changes to truly be effective, all members of an organization must acknowledge their own implicit biases and actively interrupt them.

IndyBar: Practice Toolkit: Level Up: How Workflows are Established In Law Firms

October 11, 2023 | From IndyBar and Jared Correia

Generally speaking, there are three stages that law firm owners need to move through before reaching the highest level of process management in their law firms, which is automated workflows.

The UBE, 2 years in: Still ‘too soon to know’ impact of new bar exam

October 11, 2023 | Tyler Fenwick

Two years into the implementation of the Uniform Bar Exam, those who helped shepherd the test into Indiana and are responsible for helping students prepare say it’s probably too early to pin down what the exact impact has been.

IndyBar: Winingham Selected 2026 Bar Foundation President

October 11, 2023 | From IndyBar

W. Kent Winingham of Wilson Kehoe Winingham has been selected to lead the Indianapolis Bar Foundation in 2026.

Disciplinary Actions: June 29-Sept. 30, 2023

October 11, 2023

Read a summary of disciplinary actions handed down by the Indiana Supreme Court during the third quarter of 2023.

Law schools adjust to affirmative action ruling: Admissions processes tweaked to comply with US Supreme Court opinion

October 11, 2023 | Daniel Carson

It’s been a little more than three months since the U.S. Supreme Court struck down affirmative action in college admissions. Although the decision didn’t necessarily take law schools by surprise, it forced them to quickly adapt their admissions processes.

Walker and Slaughter: The role of mentorship in retaining early-career attorneys

October 11, 2023 | Chad Walker and Dakota Slaughter

The coming years expect an increase in diverse early-career attorneys in law firms. Proactive mentorship can help retain them into partnership but will require both the firms and the early-career attorneys to be open-minded in the mentoring relationships.

Bankruptcy filings slowly inch up in Indiana, nationally: Student loan repayments, credit card debt, inflation seen as key factors

October 11, 2023 | Daniel Carson

Bankruptcy filings in Indiana’s Northern and Southern Districts fell in 2021 and 2022. But those filing numbers are starting to finally creep up, with year-over-year increases reported in the Northern and Southern Districts and nationally in June.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Former credit union manager indicted on fraud charges

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Indianapolis liquor stores lose permits after accusations of forged documents

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