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Motion to compel was ‘close enough to a wash’ that sanction award wasn’t warranted, COA rules in reversal

September 7, 2023 | Tyler Fenwick

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

September 7, 2023 | Alexa Shrake

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

September 7, 2023 | Alexa Shrake

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

September 7, 2023 | Daniel Carson

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

September 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

September 7, 2023 | Tyler Fenwick

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

September 7, 2023 | Daniel Carson

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

September 7, 2023 | Associated Press

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

September 7, 2023 | Associated Press

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

September 7, 2023 | Associated Press

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

September 7, 2023 | Associated Press

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

September 6, 2023 | 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.

Opinions Sept. 6, 2023

September 6, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
A.B. and D.B., individually and as parents of C.B., a disabled minor v. Brownsburg Community School Corporation
22-1277
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Reverses the district court’s denial of attorney fees to A.B. and D.B. Finds A.B. and D.B. were the prevailing party in an administrative proceeding. Also finds attorney fees could be awarded. Remands for further consideration.

IN Supreme Court finds court reporter in contempt for delays, failure to comply with orders

September 6, 2023 | Daniel Carson

The Indiana Supreme Court has found an Allen County court reporter in contempt for her repeated delays in filing a requested court transcript and her failure to comply with the court’s orders.

Man convicted in second trial after mistrial faced double jeopardy, split COA rules in reversal

September 6, 2023 | Tyler Fenwick

A man convicted and sentenced for sexual misconduct with a minor following a mistrial faced double jeopardy in the subsequent trial, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.

Parents were prevailing party in administrative proceeding, could be awarded attorney fees, 7th Circuit rules in reversal

September 6, 2023 | Tyler Fenwick

Because the parents of a child with disabilities were the prevailing party in an administrative proceeding, attorney fees could be awarded to them, the 7th Circuit Court of Appeals ruled in reversing a trial court’s decision.

Proud Boys’ Enrique Tarrio gets record 22 years in prison for Jan. 6 seditious conspiracy

September 6, 2023 | Associated Press

Former Proud Boys leader Enrique Tarrio was sentenced Tuesday to 22 years in prison for orchestrating a failed plot to keep Donald Trump in power after the Republican lost the 2020 election.

Legal fights over voting districts could play role in control of Congress for 2024

September 6, 2023 | Associated Press

Though much remains to be settled, there’s a good chance congressional districts will be changing in numerous states.

Millions enrolled in new student loan repayment program

September 6, 2023 | Indiana Capital Chronicle

More than 4 million federal student loan borrowers are enrolled in the Biden administration’s new repayment program, according to figures released Tuesday by the U.S. Department of Education.

EPA delays new ozone pollution standards until after 2024 election

September 6, 2023 | Associated Press

The Environmental Protection Agency is delaying plans to tighten air quality standards for ground-level ozone—better known as smog—despite a recommendation by a scientific advisory panel to lower air pollution limits to protect public health.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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

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