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Opinions Aug. 4, 2023

August 4, 2023

Court of Appeals of Indiana
In the Matter of the Civil Commitment of G.H. v. Richard L. Roudebush Veterans Affairs Medical Center
23A-MH-490
Mental health. Affirms the involuntary commitment of G.H but reverses a special condition and remands with instructions to the Marion Superior Court to strike the special condition prohibiting G.H. from consuming alcohol and drugs during his outpatient treatment Finds clear and convincing evidence supports the involuntary commitment, but insufficient evidence supports the special condition. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.

Bail Project loses appeal of denied preliminary injunction against ‘charitable bail’ law

August 4, 2023 | Daniel Carson

A split 7th Circuit Court of Appeals has affirmed a district court’s denial of The Bail Project’s motion for a preliminary injunction against a law that puts limits on whom charitable bail organizations can bail out of jail.

IN justices deny transfer to 22 cases, split in 6 denials

August 4, 2023 | IL Staff

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 28, with the justices splitting in six denials. No cases were granted transfer.

IN Northern District celebrates retiring Senior Judge Miller

August 4, 2023 | IL Staff

The Indiana Northern District Court will formally present a resolution to Senior Judge Robert Miller Jr. on Friday to celebrate the renaming of one of the South Bend courtrooms in his honor ahead of his retirement this month.

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Delaware Co. man formally charged in deadly Muncie block party shooting, but not in connection with fatality

August 4, 2023 | IL Staff

The man arrested in connection with a deadly weekend shooting at a Muncie neighborhood block party has been formally charged with four felonies However, John L. Vance Jr. has not been charged in connection with the death of Joseph E. Bonner III.

Ex-employee of Carmel firm sentenced for embezzlement

August 4, 2023 | Indianapolis Business Journal Staff

A former accounting employee for a Carmel-based travel insurance business has been sentenced to almost five years in federal prison after admitting to embezzling more than $2 million from her employer.

Trump pleads not guilty to federal charges that he tried to overturn 2020 election

August 4, 2023 | Associated Press

Donald Trump pleaded not guilty Thursday to trying to overturn the results of his 2020 election loss, answering for the first time to federal charges that accuse him of orchestrating an attempt to block the peaceful transfer of presidential power.

Appeals court allows Biden asylum restrictions to temporarily stay in place as case plays out

August 4, 2023 | Associated Press

An appeals court Thursday allowed a rule restricting asylum at the southern border to temporarily stay in place.

Justice Kagan supports ethics code but says Supreme Court divided on how to proceed

August 4, 2023 | Associated Press

Justice Elena Kagan publicly declared her support for an ethics code for the U.S. Supreme Court but said there was no consensus among the justices on how to proceed, suggesting the high court is grappling with public concerns over its ethics practices.

Biden’s inaction on death penalty may be top campaign issue as Trump, DeSantis laud executions

August 4, 2023 | Associated Press

Capital punishment could emerge as a major campaign issue in the U.S. presidential race for the first time in 30 years, with top GOP rivals Donald Trump and Ron DeSantis already one-upping each other by touting tougher, more far-reaching death penalty laws.

Indianapolis officer fatally shoots fleeing motorist during brief foot chase

August 3, 2023 | Associated Press

An Indianapolis police officer fatally shot a motorist who fled on foot Thursday during a traffic stop, police said.

FBI announces 2 Indiana arrests in sex trafficking case as part of national campaign

August 3, 2023 | Daniel Carson

As part of a two-week nationwide campaign to combat sex trafficking, the FBI’s Indianapolis office announced Wednesday the arrests of two Chicago men in northern Indiana.

Officers violated federal, state constitutions in warrantless entry, searches, COA rules in reversal

August 3, 2023 | Alexa Shrake

The Court of Appeals of Indiana has reversed the denial of a defendant’s motion to suppress evidence related to his meth charge, finding the warrantless entry of his home tainted the subsequent searches and discovery of evidence.

Lilly, Novo Nordisk sued for alleged failure to warn about ‘severe’ side effects of popular diabetes drugs

August 3, 2023 | Olivia Covington

Eli Lilly and Co. and the maker of diabetes drug Ozempic are being sued in federal court in Louisiana for allegedly failing to warn consumers and physicians about the risk of “severe gastrointestinal events” resulting from the use of two diabetes drugs.

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Opinions Aug. 3, 2023

August 3, 2023

Court of Appeals of Indiana
Demarcus Nance v. State of Indiana
22A-CR-2581
Criminal. Reverses the Marion Superior Court’s denial of Damarcus Nance’s motion to suppress. Finds the officers had no authority to cross the threshold of Nance’s home without a warrant. Also finds the later searches without a warrant were tainted by the earlier illegal entries. Remands for further proceedings.

COA receives national award for Appeals on Wheels in New York

August 3, 2023 | IL Staff

Judges of the Court of Appeals of Indiana traveled to New York this week to officially receive the Sandra Day O’Connor Award for the Advancement of Civics. The award was presented in recognition of the Appeals on Wheels program.

Pittsburgh synagogue gunman has been sentenced to die in the nation’s deadliest antisemitic attack

August 3, 2023 | Associated Press

The man who killed 11 congregants at a Pittsburgh synagogue was formally sentenced to death Thursday, one day after a jury determined that capital punishment was appropriate for the perpetrator of the deadliest attack on Jews in U.S. history.

Pence criticizes Trump, ‘crackpot lawyers’ at Indiana State Fair campaign stop

August 3, 2023 | Indiana Capital Chronicle

Speaking at an Indianapolis campaign stop Wednesday, former Vice President Mike Pence further distanced himself from his previous boss, Donald Trump, as tensions continue to flare on the nomination trail.

Trump due to face judge in DC over charges he tried to overturn 2020 presidential election

August 3, 2023 | Associated Press

Donald Trump is due in federal court Thursday to answer to charges that he sought to overturn the results of the 2020 presidential election.

Opinions Aug. 2, 2023

August 2, 2023

Court of Appeals of Indiana
Trevor D. Dilk v. State of Indiana (mem. dec.)
22A-CR-2734
Criminal. Affirms Trevor Dilk’s sentence of six years, with two years suspended to probation, for possession of methamphetamine, a Level 4 felony. Finds that any error in the Jennings Circuit Court’s consideration of aggravating circumstances is harmless. Also finds Dilk’s sentence is not inappropriate.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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

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

  • Birth certificate changes for seven transgender Hoosiers are in limbo

  • State judiciary is considering alternative exam for bar admission

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