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Opinions Sept. 1, 2023

September 1, 2023

Court of Appeals of Indiana
Santana J. Gray v. State of Indiana (mem. dec.)
22A-PC-1992
Post-conviction relief. Affirms the Marion Superior Court’s denial of Santana Gray’s post-conviction relief petition. Finds no error.

Former Notre Dame Law dean Newton returns as professor

September 1, 2023 | IL Staff

Former Notre Dame Law School dean Nell Jessup Newton has returned to the northern Indiana law school this year as a professor.

newton-061219-450bp.jpg

Magnus-Stinson assuming senior status next summer

September 1, 2023 | Daniel Carson

Judge Jane Magnus-Stinson confirmed Friday she will assume senior status on July 1, 2024. President Joe Biden has not yet publicly announced his nominee to succeed her.

Lake Co. prosecutor asks Indiana State Police to investigate dog deaths in uncooled rear of truck

September 1, 2023 | Associated Press

Prosecutors have asked Indiana State Police to investigate the recent deaths of at least eight dogs from heat-related injuries while being transported in the back of an uncooled box truck.

2nd man charged in July shooting at massive Muncie block party that killed 1, injured 17

September 1, 2023 | Associated Press

A prosecutor Thursday charged the second man arrested in a July shooting at a massive block party in central Indiana that left one person dead and 17 others wounded.

Trump pleads not guilty in Georgia election subversion case, seeks to sever his case from others

September 1, 2023 | Associated Press

Former President Donald Trump pleaded not guilty on Thursday and sought to sever his case from some other defendants who are accused along with him of illegally trying to overturn the results of the 2020 election in Georgia.

What to know about the impeachment trial of Texas Attorney General Ken Paxton

September 1, 2023 | Associated Press

The Texas Senate is set to gavel in Tuesday for the impeachment trial of state Attorney General Ken Paxton, a formal airing of corruption allegations that could lead Republican lawmakers to oust one of their own as lead lawyer for America’s largest red state.

COA affirms trial court’s award for $4.3M to Illumination; Vannin petitions for rehearing, looks for reversal

August 31, 2023 | Daniel Carson

The Court of Appeals of Indiana has affirmed a trial court’s judgment awarding more than $4.3 million to a Lafayette company that put a down payment in 2020 toward the purchase of 705,300 boxes of nitrile gloves, but never received the full order of gloves.

Wentworth honored for service on Indiana Tax Court at retirement ceremony

August 31, 2023 | Alexa Shrake

The Indiana Supreme Court courtroom was filled with laughter and joy Wednesday, as judges and attorneys gathered to honor outgoing Indiana Tax Court Judge Martha Blood Wentworth at her retirement ceremony.

Ex-Proud Boys organizer gets 17 years in prison, second longest sentence in Jan. 6 Capitol riot case

August 31, 2023 | Associated Press

A former organizer of the Proud Boys extremist group was sentenced on Thursday to 17 years in prison for spearheading an attack on the U.S. Capitol to prevent the peaceful transfer of power from Donald Trump to Joe Biden after the 2020 presidential election.

Opinions Aug. 31, 2023

August 31, 2023

Court of Appeals of Indiana

On the Level Fence & Deck Inc. v. Indiana Bell Telephone Company d/b/a AT&T Indiana
22A-CT-3073
Civil tort. Reverses the denial of the motion for default judgment and remands the matter to the Lake Superior Court for further proceedings. Finds that On the Level Fence & Deck’s failure to answer the complaint was the result of excusable neglect. Judge Peter Foley dissents with a separate opinion.

Fencing company failed to answer complaint because of excusable neglect, COA rules in reversal

August 31, 2023 | Tyler Fenwick

It was reasonable for a fencing company that was being sued to believe its insurer would know about and handle the complaint, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.

Charitable Allies updates website for expanded access to legal, education resources

August 31, 2023 | IL Staff

Indianapolis-based Charitable Allies unveiled a new website designed to expand charitable organizations’ access to affordable legal services and educational resources for nonprofit professionals.

Marijuana recommendation by U.S. health agency hailed as first step to easing restrictions

August 31, 2023 | Associated Press

The U.S. Department of Health and Human Services has delivered a recommendation to the Drug Enforcement Administration on marijuana policy, and Senate leaders hailed it Wednesday as a first step toward easing federal restrictions on the drug.

Indiana state senator to resign in September, cites `business, personal and family obligations’

August 31, 2023 | Associated Press

A long-time Indiana state senator announced Wednesday that he will resign from the chamber in late September, citing the growing pressures of balancing his legislative duties and “business, personal and family obligations.”

Sheriff announces prison transport policy changes following killing of deputy

August 31, 2023 | Associated Press

The Marion County sheriff in Indianapolis announced changes to a prisoner transport policy Wednesday following the killing of a sheriff’s deputy during an escape attempt.

Security guard, customer die after exchanging gunfire at Indianapolis home improvement store

August 31, 2023 | Associated Press

A security guard and customer died Wednesday after exchanging gunfire with each other at an Indianapolis home improvement store, police said.

Amici urging 7th Circuit to overturn injunction against law banning gender-transition procedures for minors

August 30, 2023 | Alexa Shrake

Multiple amici have filed briefs urging the 7th Circuit Court of Appeals to overturn an injunction against a new Indiana law that prohibits doctors from performing gender-transition procedures on minors.

Opinions Aug. 30, 2023

August 30, 2023

Court of Appeals of Indiana
Tarah L. Weaver v. Samuel B. Weaver (mem. dec.)
22A-DC-2111
Domestic relations with children. Affirms the Kosciusko Superior Court’s order for Tarah Weaver to pay Samuel Weaver $2,250 in attorney fees, finding that Tarah had filed several untimely and defective motions. Finds no abuse of discretion by the trial court.

Judge holds Giuliani liable in Georgia election workers’ defamation case, orders him to pay fees

August 30, 2023 | Associated Press

A federal judge on Wednesday held Rudy Giuliani liable in a defamation lawsuit brought by two Georgia election workers who say they were falsely accused of fraud.

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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

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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