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Opinions August 24, 2023

August 24, 2023

Thursday opinions
Court of Appeals of Indiana

K.H. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
23A-EX-413
Appeal in certain administrative proceedings. Affirms the denial of K.H.’s unemployment benefits Finds K.H. does not qualify for unemployment benefits.

Indy law firm accuses former lawyer of keeping more than $100K in unpaid attorney fees

August 24, 2023 | Tyler Fenwick

Indianapolis law firm Gilbert Legal Services LLC is suing one of its former attorneys for allegedly setting up work with a new client at a different firm while still employed at GLS, along with continuing to accept student loan reimbursements despite having already paid off the loans.

150th Indiana Legal Help kiosk goes online

August 24, 2023 | IL Staff

The 150th Indiana Legal Help kiosk went online Wednesday in Lake County, the Indiana Bar Foundation announced.

Jailed WSJ reporter Evan Gershkovich’s arrest is extended by a Moscow court, state news agency says

August 24, 2023 | Associated Press

A Moscow court ruled Thursday that Wall Street Journal reporter Evan Gershkovich must stay in jail on espionage charges until the end of November, Russian state news agency Tass reported.

Trump is set to surrender at a Georgia jail on charges he sought to overturn his 2020 election loss

August 24, 2023 | Associated Press

Donald Trump is set to surrender Thursday to authorities in Georgia on charges that he schemed to overturn the 2020 election in that state, a booking process expected to yield a historic first: a mug shot of a former American president.

Indiana boy, 2, fatally struck by an SUV at a Michigan state park

August 24, 2023 | Associated Press

A 2-year-old Indiana boy has died after he was struck by an SUV at a state park in western Michigan, police said.

Southern Indiana egg farmer John Rust announces bid for Republican nod for US Senate in 2024.

August 24, 2023 | Associated Press

A southern Indiana egg farmer has declared his candidacy for the Republican nomination for the state’s open U.S. Senate seat in 2024.

 

COA affirms post-conviction court’s denial of change of judge motion to man serving 48-year sentence

August 23, 2023 | Daniel Carson

A post-conviction court displayed no bias or prejudice and did not clearly err when it denied a man’s change of judge motion, the Court of Appeals of Indiana affirmed Wednesday.

Inventory search of man’s truck that led to meth conviction was reasonable, COA affirms

August 23, 2023 | Tyler Fenwick

An inventory search of a man’s truck that led to a possession of methamphetamine conviction didn’t violate his rights against unreasonable search and seizure, a split Court of Appeals of Indiana has ruled in affirming a lower court’s decision.

 

COA cites doctrine of laches, affirms trial court’s award of summary judgment to bank

August 23, 2023 | Daniel Carson

A bank’s request to dismiss a long-dormant civil lawsuit for failure to prosecute was untimely, but a trial court was correct in entering summary judgment for the bank based on the doctrine of laches, the Court of Appeals of Indiana affirmed Wednesday.

Man who was told he could leave scene before being searched wins reversal from COA

August 23, 2023 | Tyler Fenwick

A man who was told he was free to leave the scene of a traffic stop before being searched convinced the Court of Appeals that his constitutional rights were violated, leading the court to order that his motion to suppress be granted.

Above-guidelines sentence is appropriate, 7th Circuit affirms

August 23, 2023 | Alexa Shrake

A man’s above-guidelines sentence for being a felon in possession of a firearm was not inappropriate given his criminal history, the 7th Circuit Court of Appeals ruled Tuesday.

Opinions Aug. 23, 2023

August 23, 2023

Court of Appeals of Indiana
Pink Allen Robinson v. State of Indiana
22A-PC-1102
Post-conviction. Affirms the denial of Pink Allen Robinson’s change-of-judge motion. Finds the post-conviction court did not clearly err.

‘Relatively minor’ juvenile offense didn’t warrant commitment in DOC, COA rules in reversal

August 23, 2023 | Alexa Shrake

A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.

Groundbreaking official for big improvements to Indiana Law Enforcement Academy

August 23, 2023 | Indiana Capital Chronicle

Tuesday marked another major groundbreaking in Indiana — this time for an overhaul of the state’s law enforcement training academy.

construction

Indianapolis police release bodycam footage showing man fleeing police shot in back by officer

August 23, 2023 | Associated Press

The Indianapolis Metropolitan Police Department released body camera footage Tuesday showing an armed man fatally shot in the back by an officer as he ran from a traffic stop.

Indianapolis woman charged with neglect in son’s accidental shooting death

August 23, 2023 | Associated Press

The mother of a 6-year-old Indianapolis boy who died last spring after accidentally shooting himself has been charged with neglect in connection with his death.

Former justice Selby leads inaugural class of Diversity in Law honorees

August 23, 2023 | IL Staff

Indiana Lawyer is pleased to announce its inaugural class of Diversity in Law honorees, including the inaugural Diversity Trailblazer, former Indiana Supreme Court Justice Myra Selby.

Wentworth certified as senior judge ahead of Tax Court retirement

August 22, 2023 | Alexa Shrake

Outgoing Indiana Tax Court Judge Martha Blood Wentworth has been granted senior judge status.

Opinions Aug. 22, 2023

August 22, 2023

Court of Appeals of Indiana
Gareth Sylvester Earl Jones v. State of Indiana
22A-CR-2661
Criminal. Affirms Gareth Jones’ convictions of Level 1 burglary resulting in serious bodily injury and Level 5 robbery, and his 40-year aggregate sentence. Finds the Clark Circuit Court did not abuse its discretion in the admission and exclusion of evidence. Also finds the state presented sufficient evidence to support the convictions. Finally, finds the sentence is not inappropriate.

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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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