5 magistrates, 1 attorney named finalists for Marion Co. vacancies
| IL Staff
The Marion County Judicial Selection Committee on Monday announced one attorney and five magistrate judges as finalists to fill two judicial vacancies.
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Opinions Dec. 19, 2023
Court of Appeals of Indiana
Gerard M. Dierckman v. Sandra E. Dierckman
22A-DN-2801
Domestic relations, no children. Affirms the final dissolution order as it relates to the marital property. Finds the Decatur Circuit Court’s findings challenged by husband Gerard M. Dierckman are supported by the evidence and/or are not contrary to law. Also finds the trial court did not abuse its discretion by valuing the farm and its income as of the end of 2020/beginning of 2021, nor did it err in valuing the farm inventory, accounts receivable and marital debt as of the date of the dissolution petition in December 2019. Finally, finds the trial court acted within its discretion when it decreased wife Sandra E. Dierckman’s equalization payment by the amount she paid Gerard for her personal expenses while the dissolution was pending.
Firearm conviction, criminal contempt upheld for defendant who proceeded pro se
A defendant who unsuccessfully defended himself in federal court and who was found in criminal contempt for refusing to answer a prosecutor’s question did not find any relief from his firearm conviction or the contempt finding at the 7th Circuit.
Sandra Day O’Connor called pioneer, ‘iconic jurist’ as she is memorialized by Biden, Roberts
Justice Sandra Day O’Connor, the Arizona rancher’s daughter who became a voice of moderate conservatism as the first woman on the U.S. Supreme Court, was memorialized by President Joe Biden as a pioneer in the legal world who inspired generations of women.
Community Health agrees to pay $345M to settle ‘false claims’ lawsuit
Community Health Network has agreed to pay the United States government $345 million to settle allegations that it engaged in a yearslong scheme to recruit physicians and pay them huge salaries and bonuses in return for “downstream referrals.”
State Rep. Randy Lyness says he will retire after current term and won’t seek reelection in 2024
State Rep. Randy Lyness, a West Harrison Republican, announced his intention to retire from the Indiana House after eight years, becoming the latest Republican legislator to forgo reelection in the next cycle.
Google to pay $700 million to US states, consumers in app store settlement
Google has agreed to pay $700 million and make several other concessions to settle allegations that it had been stifling competition against its Android app store — the same issue that went to trial in another case that could result in even bigger changes.
Southwest Airlines reaches $140M settlement over holiday meltdown last year
Southwest Airlines will pay a $35 million fine as part of a $140 million settlement to resolve a federal investigation into a debacle in December 2022 when the airline canceled thousands of flights and stranded more than 2 million travelers over the holidays.
Taco Bell franchisee sues to prevent launch of Taco Bell Cantina downtown
The franchisee who operates a Taco Bell restaurant in Circle Centre Mall has filed suit against Taco Bell and a fellow franchisee in hopes of preventing the opening of Indiana’s first Taco Bell Cantina.
Holcomb considers his legacy, next steps as 2023 winds down
As Indiana Gov. Eric Holcomb heads into his last year leading the Hoosier State, he emphasized that his administration won’t be resting on its laurels — and will continue to be aggressive about new projects.
Opinions Dec. 18, 2023
Courts of Appeals of Indiana
Aaron Isby v. Richard Brown and Robert Carter Jr. (mem. dec.)
23A-MI-76
Miscellaneous. Affirms the denial of Aaron Isby’s petition for writ of habeas corpus. Finds Isby is not entitled to relief for discovery issues because he failed to avail himself of procedures set forth in trial rules and did not provide cogent reasoning supporting a discovery-related due process claim. Also finds Isby did not demonstrate that the Miami Circuit Court erred in denying the habeas petition.
IndyBar urges caution in response to proposal to allow graduates of non-ABA-approved school to take state bar
The Indianapolis Bar Association has registered some concerns with proposed changes that would allow a graduate of a non-American Bar Association-accredited law school to petition to take the Indiana bar exam.
USDA judge wants exit from union, alleges labor law violations in federal lawsuit
| IL Staff
An Indianapolis-based administrative law judge doesn’t want to be in his union and has filed a federal lawsuit in the United States District Court for the District of Columbia against the Federal Labor Relations Authority.
IPAC honors award winners at annual conference
| IL Staff
The Indiana Prosecuting Attorneys Council honored people in the legal and law enforcement communities who demonstrate a commitment to public safety at its annual Winter Conference Awards Ceremony.
IN Northern District Magistrate Judge Gotsch announces retirement in August 2024
| IL Staff
U.S. Magistrate Judge Michael G. Gotsch has notified Indiana Northern District Chief Judge Holly Brady of his intent to retire in August 2024.
Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court, to lie in repose
The late Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court and an unwavering voice of moderate conservatism for more than two decades, will lie in repose in the court’s Great Hall on Monday.
Some Trump fake electors from 2020 haven’t faded away. They have roles in how the 2024 race is run
A Nevada elections clerk’s tenure in a heavily Republican county is part of a trend across battleground states where fake electors have retained influence over elections heading into 2024.
Rust challenge set for argument in February
The Indiana Supreme Court has set arguments in John Rust’s election law challenge for February 12, three days after the filing deadline to run for U.S. Senate.
Families say autism therapy helped their kids. Indiana’s Medicaid cuts could put it out of reach
Families reliant on Medicaid worry changes coming in January will limit access to the therapy as Indiana attempts to limit the cost and, along with other states, cut the size of the low-income health care program.
Opinions Dec. 15, 2023
Court of Appeals of Indiana
Cameron O’Brien Wade v. State of Indiana (mem. dec.)
23A-CR-274
Criminal. Affirms Cameron O’Brien Wade’s convictions of Level 5 felony domestic battery, Level 6 felony criminal confinement, Class A misdemeanor interference with the reporting of a crime and Class B misdemeanor disorderly conduct. Finds the Noble Circuit Court did not abuse its discretion by admitting evidence pursuant to a stipulation.