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More plaintiffs added to Landmark Recovery lawsuit as addiction treatment center petitions to get licenses back

August 9, 2023 | Tyler Fenwick

More plaintiffs have been added to a lawsuit brought by former patients of an addiction treatment center in Mishawaka that had its license revoked following the deaths of three people.

Despite pleading to charge that was beyond statute of limitations, defendant finds no relief at 7th Circuit

August 9, 2023 | Alexa Shrake

A man who unknowingly pleaded guilty to a charge for which the statute of limitations had run has failed to secure habeas relief at the 7th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.

Opinions Aug. 9, 2023

August 9, 2023

Court of Appeals of Indiana
David W. Helvey v. State of Indiana (mem. dec.)
23A-CR-299
Criminal. Affirms David Helvey’s aggregate 20-month sentence for Level 6 felony intimidation and four counts of Class A misdemeanor intimidation. Finds Helvey’s sentence is not inappropriate in light of the nature of the offenses and his character.

7th Circuit affirms ruling for tech company in employment fraud case

August 9, 2023 | Daniel Carson

A woman who sued her ex-employer for fraud after her position was eliminated the day she started work cannot add a new fraud claim to her amended complaint, the 7th Circuit Court of Appeals has affirmed.

Federal judge dismisses most claims in lawsuit stemming from sewage leak

August 9, 2023 | Daniel Carson

A federal judge has granted most of a property owners association’s motions for judgment and dismissed with prejudice multiple damage-related claims in a civil lawsuit stemming from a 2015 sewage leak caused by a faulty lift station.

From prayer to books, Rokita updates ‘Parents’ Bill of Rights’

August 9, 2023 | Indiana Capital Chronicle

Indiana Attorney General Todd Rokita released a fourth edition of his “Parents’ Bill of Rights” document Tuesday, outlining what Hoosier parents can do to “oversee and participate in the part of our children’s education that occurs outside of the home.”

Man makes initial court appearance following Muncie block party shooting that killed 1, wounded 17

August 9, 2023 | Associated Press

A 36-year-old central Indiana man made his initial appearance Tuesday in court following a shooting at a massive block party that left one person dead and 17 others wounded.

Supreme Court reinstates regulation of ghost guns, firearms without serial numbers

August 9, 2023 | Associated Press

The U.S. Supreme Court is reinstating a regulation aimed at reining in the proliferation of ghost guns, firearms without serial numbers that have been turning up at crime scenes across the nation in increasing numbers.

7th Circuit upholds convictions, sentences in scheme to defraud SBA

August 8, 2023 | Tyler Fenwick

The 7th Circuit Court of Appeals upheld the convictions and sentences for five people who took part in a scheme to defraud the Small Business Administration, with the exception of a clerical error in a supervised release condition for one of the defendants.

fees

Dealing resulting in death conviction upheld after COA upholds admission of texts from victim’s phone

August 8, 2023 | Alexa Shrake

The Court of Appeals of Indiana has affirmed a man’s conviction for dealing resulting in death, finding the trial court didn’t abuse its discretion in admitting text messages from the victim’s phone as evidence.

COA affirms order upholding mental health commitment

August 8, 2023 | Daniel Carson

The Court of Appeals of Indiana affirmed a trial court’s denial of a man’s petition challenging his continued confinement at a mental health facility, finding the evidence showed the man remained dangerous to himself and others.

ACLU challenges state’s new 25-foot encroachment law for law enforcement

August 8, 2023 | IL Staff

The American Civil Liberties Union of Indiana filed a federal lawsuit challenging the state’s new 25-foot encroachment law, which prohibits a person from approaching within 25 feet of a law enforcement officer after the officer has ordered the person to stop.

COA orders new trial after finding ‘evidentiary harpoon’ placed defendant in peril

August 8, 2023 | Daniel Carson

A trial court abused its discretion by not granting a man’s request for a mistrial based on an “evidentiary harpoon,” the Court of Appeals of Indiana ruled in a Tuesday reversal.

Tax Court upholds higher assessments after untimely challenges

August 8, 2023 | Olivia Covington

After a series of back-and-forth decisions, a higher assessment will remain in place for land owned by a Bartholomew County couple whose challenge to that higher assessment for two tax years was untimely.

Opinions Aug. 8, 2023

August 8, 2023

Court of Appeals of Indiana
Kurt Russell v. State of Indiana
22A-CR-2299
Criminal. Affirms Kurt Russell’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the Boone Superior Court did not abuse its discretion when it admitted evidence extracted from a phone other than the one found on the counter near Maxwell Timbrook’s body because the content of both phones were the same given that they were linked to the same iCloud account. Also find the state presented sufficient evidence that Russell delivered fentanyl to Timbrook, and he died ingesting the fentanyl.

DOC plans to close Indiana State Prison as part of new Westville project — which now tops $1.2B

August 8, 2023 | Indiana Capital Chronicle

The Indiana Department of Correction plans to close the state prison in Michigan City after a new, $1.2 billion prison facility was approved last week by budget regulators. That’s a change from the DOC’s previous plan to keep both prison sites open.

Event Routes

States seek to let teens as young as 14 serve booze in restaurants

August 8, 2023 | Indiana Capital Chronicle

There’s a growing trend among states to propose and enact legislation allowing teens — as young as 14 — to serve alcohol in restaurants, among laws rolling back other child labor limits.

Appeals court halts new Biden rules on debt relief for defrauded students

August 8, 2023 | Washington Post

On Monday, the U.S. Court of Appeals for the 5th Circuit issued an injunction to prevent the government from implementing regulations that took effect last month while it considers a lawsuit brought by Career Colleges and Schools of Texas.

Republicans are talking up the possibility of impeaching Biden. Is it what voters want to hear?

August 8, 2023 | Associated Press

The threat of a Republican-led impeachment inquiry into President Joe Biden’s family finances and the churning U.S. House probes of his son, Hunter Biden, have turned off some conservative voters.

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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

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

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

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

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

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