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Deadline extended for Diversity in Law nominations

July 13, 2023 | IL Staff

The deadline has been extended to submit nominations for Indiana Lawyer’s inaugural Diversity in Law awards program. Nominations can now be submitted online by 11:59 p.m. on Friday, July 21.

Opinions July 13, 2023

July 13, 2023

Court of Appeals of Indiana
Heidi Marie Littlefield v. State of Indiana
22A-CR-2895
Criminal. Affirms Heidi Littlefield’s convictions of murder, Level 1 felony conspiracy to commit murder and Level 2 felony conspiracy to commit murder, as well as her 115-year aggregate sentence. Finds the evidence was sufficient to support Littlefield’s murder conviction. Also finds there is no double jeopardy violation as to Littlefield’s convictions for both murder and conspiracy to commit murder. Finally, find Littlefield’s sentence is not inappropriate in light of the nature of the offenses or her character.

Man who misreported earnings doesn’t qualify for waiver of repayment of unemployment benefits

July 13, 2023 | Tyler Fenwick

A man who was overpaid unemployment benefits doesn’t meet the statutory requirements to receive a waiver of repayment, the Court of Appeals of Indiana has ruled in affirming a review board’s decision.

fees

Gunman who killed 11 people in Pittsburgh synagogue found eligible for the death penalty

July 13, 2023 | Associated Press

The gunman who killed 11 people at a Pittsburgh synagogue in 2018 is eligible for the death penalty, a federal jury announced Thursday, setting the stage for further evidence and testimony on whether he should be sentenced to death or life in prison.

Notre Dame student publication moves to dismiss professor’s defamation suit over abortion-related articles

July 13, 2023 | Alexa Shrake

A conservative student-led publication at the University of Notre Dame is defending itself in court filings against a pro-abortion-rights professor’s defamation lawsuit.

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Woman who killed ex by poisoning, strangulation loses appeal of murder conviction, 115-year sentence

July 13, 2023 | Tyler Fenwick

A woman found guilty of killing her ex-boyfriend by poisoning his oatmeal and strangling him failed to convince the Court of Appeals of Indiana that her murder conviction should be tossed or that her 100-plus-year sentence is inappropriate.

No fingerprints, DNA sample or leads from cocaine found at the White House, the Secret Service says

July 13, 2023 | Associated Press

No fingerprints or DNA turned up on the baggie of cocaine found in a lobby at the White House last week despite a sophisticated FBI crime lab analysis, and surveillance footage of the area didn’t identify a suspect.

Indiana AG appeals preliminary injunction against ban on gender transition care for minors

July 13, 2023 | Alexa Shrake

Indiana Attorney General Todd Rokita is asking the 7th Circuit Court of Appeals to overturn the preliminary injunction entered against a new Indiana law banning gender transition care for minors.

Marion Co. sheriff asks court to send suspect in deputy’s strangulation death to Indiana prison system

July 13, 2023 | Associated Press

The Marion County sheriff filed court papers Wednesday requesting that a man accused of killing a deputy in a transport van be transferred to the custody of the Indiana Department of Correction.

Opinions July 12, 2023

July 12, 2023

Court of Appeals of Indiana
Piccadilly Management as Managing Agent for Piccadilly Properties II, LLC DBA Roland Manor v. Shenita Abney
22A-SC-01904
Small claims. Reverses the denial of Piccadilly Management’s request for post-judgment interest on an award of attorney fees. Finds Indiana Code § 24-4.6-1-101 indicates Piccadilly is entitled to post-judgment interest on attorney fees. Remands for the court to calculate the post-judgment interest due on the attorney fees and enter a new judgment and garnishment order.

7th Circuit: Discrepancy between jury instructions, indictment doesn’t change conviction in child sexual exploitation case

July 12, 2023 | Tyler Fenwick

A discrepancy between the jury instructions and indictment didn’t warrant overturning a man’s conviction in a child sexual exploitation case, the 7th Circuit Court of Appeals ruled in affirming a district court’s decision.

Property management company wins reversal in bid for interest on attorney fees

July 12, 2023 | Alexa Shrake

A small claims court erred in excluding attorney fees from an award of post-judgment interest, the Court of Appeals of Indiana has ruled.

ICE, Clay County again ask federal court to dismiss claims from noncitizen detainees

July 12, 2023 | Tyler Fenwick

Federal and local defendants in a case involving noncitizen U.S. Immigration and Customs Enforcement detainees at the Clay County Jail are again asking a federal court to dismiss claims.

Pro-abortion Notre Dame professor sues student publication for defamation

July 12, 2023 | Alexa Shrake

A University of Notre Dame sociology professor is suing a student publication for defamation based on articles profiling her pro-abortion views, which are contrary to the Catholic university’s teachings.

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Jasper Co. farms entitled to damages, but amount must be recalculated, COA rules

July 12, 2023 | Daniel Carson

A trial court ruled correctly that three Jasper County farms could recover damages from a seed company under promissory estoppel, but the court improperly calculated those damages, the Court of Appeals of Indiana ruled Wednesday.

7th Circuit affirms verdict, summary judgment in excessive force suit against deputies

July 12, 2023 | Tyler Fenwick

A man who was hit and tased by law enforcement after his mother requested a wellness check failed to convince the 7th Circuit Court of Appeals that the sheriff’s deputies entered the home unlawfully and used excessive force.

ACLU seeks clarifications on injunction to RFRA abortion ban challenge; lawmakers could circumvent underlying case

July 12, 2023 | Indiana Capital Chronicle

Attorneys challenging the state’s abortion ban on religious freedom grounds asked the trial court on Monday to dispel confusion in that case by explicitly stating a preliminary injunction extends to all members of the class-action suit.

Inmate used chain from handcuffs to strangle Indiana deputy during escape attempt, officials say

July 12, 2023 | Associated Press

A jail inmate accused of killing a sheriff’s deputy who was transporting him in a van used the chain of his handcuffs to choke the officer during an escape attempt in Indianapolis, according to court documents released Tuesday.

Senators call for Supreme Court to follow ethics code like other branches of government

July 12, 2023 | Associated Press

The chairman of the Senate Judiciary Committee, responding to Associated Press investigative stories on the Supreme Court, said Tuesday it was time for the justices to bring their conduct in line with the ethical standards of other branches of government.

Partnership between Indianapolis, US Attorney’s Office targeting gun crimes gets council approval

July 11, 2023 | Alexa Shrake

The Indianapolis City-County Council gave its approval Monday to a proposal creating a partnership between the city of Indianapolis and the United States Attorney’s Office to address gun crimes.

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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

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

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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