Former IU McKinney Dean Bepko dies
Former Indiana University Robert H. McKinney School of Law Dean and IUPUI Chancellor Emeritus Gerald “Jerry” Bepko, 83, died Sept. 5.
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Opinions Sept. 8, 2023
Court of Appeals of Indiana
R.G. v. J.S. (mem. dec.)
22A-PO-2546
Protection order. Dismisses R.G.’s appeal because it is unable to address his arguments concerning Hendricks Superior Court’s orders denying his motions for relief from judgment and dismissing his combined motion to enforce settlement agreement and motion for breach of contract. Finds he waived the issues he attempted to raise because he failed to comply with the Rules of Appellate Procedure.
Proposed amendments to federal rules open for public comment
The Judicial Conference Committee on Rules of Practice and Procedure has approved publication of proposed amendments to appellate, bankruptcy and civil rules.
Federal judge denies motion to intervene in suit alleging discrimination by NCAA
A federal judge has denied an HBCU student-athlete’s motion to intervene in a lawsuit that alleges the NCAA’s formula to measure a team’s academic performance is discriminatory.
Georgia special grand jury recommended charges against Sen. Graham, 2 ex-senators, Michael Flynn
A special grand jury that aided a Georgia election subversion probe that ultimately ended up indicting Donald Trump and 18 others had recommended charging many more people, including South Carolina Sen. Lindsey Graham.
Millions more workers would receive overtime pay under proposed Biden administration rule
Salaried workers who have been ineligible for overtime pay would benefit from a proposed Biden administration regulation.
Supreme Court Justice Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns
Supreme Court Justice Brett Kavanaugh told a judicial conference he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute a code of conduct.
Man gets 110 years for killing ex-girlfriend, her grandmother outside Indiana auto seating plant
A man who fatally shot a former girlfriend and her grandmother outside an Indiana automotive seating plant was sentenced to 110 years in prison by a judge who called the killings “brutal and heinous.”
Motion to compel was ‘close enough to a wash’ that sanction award wasn’t warranted, COA rules in reversal
A trial court’s order for two people to pay expenses related to a discovery dispute wasn’t warranted because the defendants’ underlying motion to compel wasn’t completely successful.
7th Circuit vacates robbery sentence
A bank robbery sentence that “far exceeds” the statutory minimum must be revisited, the 7th Circuit Court of Appeals has ruled in vacating the sentence.
Economic incentives for Pulaski Co. solar facilities upheld in related cases
In two separate but related cases, the Court of Appeals of Indiana has upheld economic incentives for the development of solar facilities in Pulaski County.
Kolar fields 1st questions from Senate Judiciary Committee as 7th Circuit nominee
The nominee to fill an Indiana vacancy on the 7th Circuit Court of Appeals faced some challenging questions on Capitol Hill on Wednesday as he took a first step toward possible confirmation by the full U.S. Senate.
Opinions Sept. 7, 2023
Court of Appeals of Indiana
Connie Ehrlich, et al. v. Moss Creek Solar, LLC, and the Pulaski County Council
22A-PL-1732
Civil plenary. Affirms the Pulaski Superior Court’s order confirming a resolution by the Pulaski County Council that created an Economic Revitalization Area and approved a tax abatement for a proposed commercial solar development by Moss Creek Solar. Finds the remonstrators have standing, but their argument under the applicable statute fails.
‘Why are we here?’ IN Supreme Court hears arguments in case involving election laws, super PACs
In a case where both sides seemingly have the same position — that limiting corporate contributions to certain political action committees would be unconstitutional — the Indiana Supreme Court is weighing how to interpret state law.
Defendant received fair trial despite prejudicial statements in front of jurors, COA affirms
The Court of Appeals of Indiana relied on controlling precedent to affirm a lower court’s ruling that three prospective Cass County jurors could remain fair and impartial even after they heard prejudicial statements made against a defendant.
Man gets 9 years for setting fire that gutted historic, century-old Evansville building
A southwestern Indiana man was sentenced to nine years in prison after pleading guilty to setting a fire that gutted a historic century-old building that had been slated for restoration.
Google reaches tentative settlement with all 50 states over alleged app store monopoly
All 50 states, the District of Columbia and Puerto Rico have reached an agreement in principle with Google to settle a lawsuit filed in 2021 over the tech giant’s alleged monopolistic control of app distribution.
A lawsuit seeks to bar Trump from the primary in Colorado, citing Constitution’s insurrection clause
A liberal group filed a lawsuit to bar former President Donald Trump from the primary in Colorado, arguing he is ineligible to run for the White House again under a clause in the U.S. Constitution aimed at candidates who have supported an “insurrection.”
Prosecutors seeking new indictment for Hunter Biden before end of September
Federal prosecutors plan to seek a grand jury indictment of President Joe Biden’s son Hunter before the end of the month, according to court documents filed Wednesday.
Delaware Circuit Court denies convicted murderer’s petition for post-conviction relief
| IL Staff
A man convicted in 2000 of murder and three felony counts of criminal recklessness has failed to convince the Delaware Circuit Court that he is entitled to a new trial.