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Opinions July 28, 2023

July 28, 2023

Court of Appeals of Indiana
Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen, and Rachel Richardson v. Anonymous Physician and Anonymous Medical Practice, and Amy Beard, Commissioner of the Indiana Department of Insurance and G. Anthony Bertig, as Chairman of the Medical Review Panels
23A-CT-185
Civil tort. Affirms the Lake Superior Court’s grant of the petition filed by an anonymous physician and an anonymous medical practice asking the court to order plaintiffs Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen and Rachel Richardson to remove non-evidentiary allegations from their submissions to a medical review panel. Finds the trial court had subject-matter jurisdiction to grant the petition.

Alabama, Ohio attorneys combine, open Indy office

July 28, 2023 | Alexa Shrake

Personal injury attorneys based in Alabama and Ohio have partnered to launch a firm with new locations across the country, including in Indianapolis.

With affirmative action out, North Carolina’s flagship school bars use of race, sex in admissions

July 28, 2023 | Associated Press

The board of North Carolina’s flagship public university has voted to strictly bar the use of “race, sex, color or ethnicity” in admissions and hiring decisions.

Carmel files lawsuit over state law that diverts local income tax funds to Fishers

July 28, 2023 | Daniel Bradley, Indianapolis Business Journal

The city of Carmel filed legal action this week against three state financial agencies over a law that diverts local income tax revenue from Carmel to Fishers.

Indianapolis deploys clinicians, specialists to deal with downtown mental health crises

July 28, 2023 | Taylor Wooten, Indianapolis Business Journal

Since July 1, individuals in distress in downtown Indianapolis have been able to call 911 to receive assistance from a plainclothes-wearing team from the pilot program of the Clinician Led Community Response, or CLCR.

Trump accused of asking staffer to delete camera footage in Florida classified documents case

July 28, 2023 | Associated Press

Former President Donald Trump faced new charges Thursday in a case accusing him of illegally possessing classified documents.

What’s next for Hunter Biden in court, Congress after his plea deal derails

July 28, 2023 | Associated Press

The unraveling of Hunter Biden’s plea agreement has thrust his criminal case into uncertain waters and given new fodder to Republican critics in Congress as they push ahead with investigations into the president’s youngest son.

Amish men who told woman to rescind protective order against husband lose appeal of intimidation convictions

July 27, 2023 | Daniel Carson

The convictions of three men in an Amish community on misdemeanor intimidation charges were not barred by the church autonomy doctrine and were supported by sufficient evidence, the Court of Appeals of Indiana affirmed Thursday.

amish-2col.jpg

Opinions July 27, 2023

July 27, 2023

Court of Appeals of Indiana
Jason Walden v. State of Indiana
22A-CR-2363
Criminal. Affirms Jason Walden’s convictions of three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting but reverses his aggregate 102-year sentence. Finds the Clinton Circuit Court did not abuse its discretion when it replayed the victim’s entire testimony in response to a jury question. Also finds the trial court’s consideration of Walden’s prior acquittals was improper. Remands for resentencing. Judge Cale Bradford concurs in part and dissents in part with separate opinion.

COA affirms 5 child molesting felonies but splits in reversing 102-year sentence

July 27, 2023 | Daniel Carson

A man’s convictions on five felony counts of child molesting will stand, the Court of Appeals of Indiana affirmed Thursday, but the court reversed a 102-year sentence and remanded for resentencing.

Butler soccer players sue school, former athletic trainer for sexual assault

July 27, 2023 | Alexa Shrake

Three Butler University soccer players have filed suit against the school and its agents, alleging sexual abuse at the hands of a former athletic trainer.

Trump lawyers meet with Jack Smith’s team ahead of possible 2020 election indictment, AP source says

July 27, 2023 | Associated Press

Lawyers for Donald Trump were meeting Thursday with members of special counsel Jack Smith’s team ahead of a potential indictment over the former president’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.

Supreme Court allows construction to resume on the Mountain Valley Pipeline

July 27, 2023 | Associated Press

The U.S. Supreme Court on Thursday allowed construction to resume on a contested natural-gas pipeline that is being built through Virginia and West Virginia.

IN Northern District magistrate Kolar tapped to replace Kanne on 7th Circuit

July 27, 2023 | IL Staff

U.S. District Court for the Northern District of Indiana Magistrate Judge Joshua P. Kolar has been nominated to fill the vacancy on the 7th Circuit Court of Appeals created by the death last summer of Judge Michael Kanne.

Michigan judge to decide if teenage school shooter will spend life in prison

July 27, 2023 | Associated Press

There is no dispute that Ethan Crumbley killed four fellow students and wounded others at Michigan’s Oxford High School in 2021. The next step: Should the 17-year-old spend the rest of his life in prison for the mass shooting?

Senate GOP leader McConnell briefly leaves news conference after freezing up midsentence

July 27, 2023 | Associated Press

Senate Republican Leader Mitch McConnell briefly left his own press conference Wednesday after stopping his remarks midsentence and staring off into space for several seconds.

Ohio officer fired after letting his police dog attack a surrendering truck driver

July 27, 2023 | Associated Press

A police officer in rural Ohio was fired Wednesday after he released his police dog on a surrendering truck driver despite state troopers telling him to hold the K-9 back.

High school student who sat in Pence’s chair during Capitol riot sentenced to 1 year in prison

July 27, 2023 | Associated Press

A high school student who stormed the U.S. Capitol, assaulted a police officer and sat in a Senate floor chair reserved for the vice president was sentenced Wednesday to one year in prison.

Elkhart attorney resigns following client complaints of misconduct

July 26, 2023 | Daniel Carson

An Elkhart attorney has resigned from the Indiana bar following multiple misconduct allegations that included failure to file bankruptcy paperwork on behalf of clients, failure to refund attorney and filing fees, and unresponsiveness.

Indiana lawmakers could further dilute state wetlands protections following SCOTUS decision

July 26, 2023 | Indiana Capital Chronicle

A U.S. Supreme Court ruling from earlier this year will effectively remove federal protections for most of Indiana’s wetlands — and enable Hoosier lawmakers to repeal already-weakened state protections for those areas.

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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

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

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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

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