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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.

Judge’s statements fell ‘woefully short’ of expected conduct, COA rules in ordering new judge

July 26, 2023 | Tyler Fenwick

A Putman County judge’s comments that included profanity and negative connotations about women fell “woefully short” of the expected conduct for judicial officers, the Court of Appeals of Indiana has ruled in reversing a denial to correct error.

Opinions July 26, 2023

July 26, 2023

Court of Appeals of Indiana
Mallory Stout v. Tanner Knotts
22A-PL-1216
Civil plenary. Reverses the Putnam Circuit Court’s denial of Mallory Stout’s motion to correct error. Finds the trial court erroneously denied Stout’s motion to correct error and failed to recuse. Remands for further proceedings, including the assignment of a new judge.

IN Bar Foundation awards $3.6M in legal aid grants as LSC warns House proposal would have ‘devastating impact’ on legal aid

July 26, 2023 | IL Staff

The Indiana Bar Foundation announced it has awarded $3.6 million for civil legal services to 13 organizations.

COA affirms denial of motion to suppress evidence after man found with gun while walking along I-465

July 26, 2023 | Alexa Shrake

A man charged with unlawful possession of a firearm after being stopped while walking along the interstate failed to convince the Court of Appeals of Indiana that the stop and seizure of his gun violated his constitutional rights.

Hunter Biden plea deal falls through, at least for now, after judge expresses concern over agreement

July 26, 2023 | Associated Press

President Joe Biden’s son Hunter’s plea deal on two tax charges fell apart Wednesday, at least temporarily, after the federal judge hearing his case expressed concern over a related agreement on a more serious gun possession charge.

Giuliani concedes he made public comments falsely claiming Georgia election workers committed fraud

July 26, 2023 | Associated Press

Rudy Giuliani has conceded that he made public comments falsely claiming two Georgia election workers committed ballot fraud during the 2020 presidential race but is arguing that the statements were protected by the First Amendment.

Neglect, drug charges filed against parents of 16-month-old boy fatally shot by brother

July 26, 2023 | Associated Press

Prosecutors have filed neglect and drug charges against the parents of a 16-month-old boy fatally shot by his 5-year-old brother after the older child found a handgun in their apartment.

Police in Terre Haute fatally shoot man who pointed gun at them

July 26, 2023 | Associated Press

Police in western Indiana shot and killed a man who pointed a gun at them after a two-hour standoff on Tuesday, Indiana State Police said.

Judge blocks limits on asylum at US-Mexico border but gives Biden administration time to appeal

July 26, 2023 | Associated Press

A federal judge on Tuesday blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the U.S.-Mexico border without first applying online or seeking protection in a country they passed through.

Court battle over Trump-era border wall funding is over as last state ends lawsuit

July 26, 2023 | Associated Press

The yearslong legal fight over former President Donald Trump’s decision to divert billions of dollars to build a U.S.-Mexico border wall formally ended on Tuesday.

Judge vacates desertion conviction for former US soldier Bergdahl captured in Afghanistan

July 26, 2023 | Associated Press

A federal judge on Tuesday vacated the military conviction of Bowe Bergdahl, a former U.S. Army soldier who pleaded guilty to desertion after he left his post and was captured in Afghanistan and tortured by the Taliban.

ABA releases ethics opinion on office-sharing by attorneys who don’t practice together

July 25, 2023 | IL Staff

The American Bar Association Standing Committee on Ethics and Professional Responsibility this month released ethical guidance for office-sharing among lawyers who practice independently.

Plaintiffs in suit against manufacturer, distributors of magazine used in ’21 FedEx shooting requesting consolidation

July 25, 2023 | Tyler Fenwick

Plaintiffs in a lawsuit against the manufacturer and distributors of the high-capacity magazine used in the 2021 FedEx shooting in Indianapolis are asking a federal judge to consolidate their case with a similar complaint stemming from the deadly shooting.

ACLU sues Henry Co. sheriff for deleting comment, blocking constituent on Facebook

July 25, 2023 | Tyler Fenwick

The American Civil Liberties Union of Indiana has filed a federal lawsuit against the sheriff in Henry County, alleging he violated a man’s First Amendment rights by deleting his comment on Facebook and then blocking him.

Holcomb’s office accepting applications for Hamilton Circuit Court vacancy following Felix appointment to COA

July 25, 2023 | IL Staff

Indiana Gov. Eric Holcomb is accepting applications for a judicial opening in the Hamilton Circuit Court to succeed Judge Paul Felix, who has been appointed to the Court of Appeals of Indiana.

Federal judge vacates verdict in civil rights suit against Hammond, former officer after parties settle

July 25, 2023 | Tyler Fenwick

A federal judge has agreed to vacate a jury verdict that awarded a man $25.5 million in his lawsuit alleging a now-retired police officer violated his civil rights and deprived him of a fair trial. The parties requested vacatur after reaching a settlement.

fees

Opinions July 25, 2023

July 25, 2023

Court of Appeals of Indiana
Melinda Crowe v. Chris Allen Drenter
22A-CT-2815
Civil tort. Reverses the Jefferson Circuit Court’s preliminary injunction ordering that Melinda Crowe not use an easement to access the property where she resides. Finds Chris Drenter has not met his burden of showing a reasonable likelihood of success at trial as to the allegations in his complaint for trespass. Also finds that Crowe may not unreasonably interfere with Drenter’s use of the easement.

COA reverses preliminary injunction in dispute between neighbors over easement

July 25, 2023 | Alexa Shrake

The Court of Appeals of Indiana has reversed the grant of a preliminary injunction to a southern Indiana property owner who claimed his neighbor was “hostile” in blocking an easement on his property.

Man convicted of murder as teen whose sentence was already slashed loses bid for further reduction

July 25, 2023 | IL Staff

A man convicted as a teenager of murder whose sentence has already been reduced from 141 years to 88 years has failed in his most recent bid to obtain another sentence reduction.

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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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