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Doctor’s affidavit, along with medical records and testimony, precluded summary judgment in negligence case, COA rules in reversal

June 19, 2023 | Tyler Fenwick

A doctor’s affidavit, along with medical records and another doctor’s deposition, created a genuine issue of material fact that precluded the entry of summary judgment in favor of a widow in a medical negligence case, the Court of Appeals of Indiana has ruled.

Man showed insufficient causation for pre-accident pain, headaches, COA affirms

June 19, 2023 | Alexa Shrake

A man’s negligence claims for a 2018 car accident only apply to a shoulder injury sustained in the crash and not to pain from any pre-existing injuries or ailments, the Court of Appeals of Indiana ruled Monday in affirming a lower court’s decision.

Man’s ‘rather have a lawyer’ comment didn’t invoke Miranda rights in child sex-trafficking case, 7th Circuit affirms

June 19, 2023 | Tyler Fenwick

A man convicted of child sex-trafficking did not have his Miranda rights violated when a detective asked him questions after he said he would “rather” have a lawyer, the 7th Circuit Court of Appeals ruled in affirming a lower court’s decision.

COA: No abuse of discretion in setting aside stipulated order in property sale, liens case

June 19, 2023 | Tyler Fenwick

A trial court did not abuse its discretion when it granted a motion from a receiver and contractors to set aside a stipulated order in a case involving liens and a property sale, the Court of Appeals of Indiana has ruled.

 

Ban on gender-affirming care halted

June 19, 2023 | Alexa Shrake

A law that would have banned gender transition procedures for Indiana minors has been preliminarily enjoined by a federal judge, just two days after hearing oral arguments and shortly before the law was scheduled to take effect July 1.

Indiana’s high court to consider privacy in ‘bizarre’ Community Health case

June 19, 2023 | John Russell, Indianapolis Business Journal

Who is responsible when a hospital sends a patient’s diagnosis to the wrong person and that person immediately posts the information on Facebook for hundreds to see?

Holcomb confirms he won’t run for Senate in 2024; holds off on gubernatorial endorsement

June 19, 2023 | Indiana Capital Chronicle

Indiana Gov. Eric Holcomb said explicitly he will not make a bid for the U.S. Senate in 2024, quashing rumors that he would seek federal office after his gubernatorial term ends next year.

Florida couple with IN ties charged with more than $2M in COVID-19 relief fraud

June 19, 2023 | Associated Press

A southwest Florida couple with ties to Indiana has been charged with stealing more than $2 million in COVID-19 relief funds and using the money to buy boats, new businesses and other luxury items.

George Floyd’s killing capped years of violence, discrimination by Minneapolis police, DOJ says

June 19, 2023 | Associated Press

The Justice Department issued a withering critique of Minneapolis police, alleging they systematically discriminated against minorities, violated constitutional rights and disregarded the safety of people in custody for years before George Floyd was killed.

Split COA, reverses, remands in case involving home heights, view of Lake Michigan

June 16, 2023 | Alexa Shrake

A split Court of Appeals of Indiana reversed a motion to dismiss and remanded for further proceedings on whether an Ogden Dunes couple can build a house taller than 30 feet that would obstruct the lake view of the houses behind them.

Landlords not liable for mail carrier being bitten by dog, COA affirms

June 16, 2023 | Daniel Carson

An Evansville couple weren’t responsible under the state’s dog bite statute for a tenant’s terrier that bit a United States Postal Service mail carrier, the Court of Appeals of Indiana affirmed Friday in upholding a trial court’s granting of summary judgment.

Opinions June 16, 2023

June 16, 2023

United States of America v. James E. Snyder
21‐2986
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Matthew Kennelly.
Criminal. Affirms James Snyder’s convictions of bribery and obstructing federal revenue laws. Finds Snyder’s Fourth and Sixth Amendment rights weren’t violated when the government got access to his email accounts. Also finds prosecution of the obstruction charge wasn’t barred by the statute of limitations and that there was sufficient evidence. Finally, finds Snyder’s rights to a speedy trial weren’t violated by the delay between the first and second trials for bribery, that 18 U.S.C. § 666 doesn’t require evidence of a prior quid pro quo agreement, and that there was sufficient evidence for conviction.

7th Circuit affirms bribery, IRS obstruction convictions against ex-Indiana mayor

June 16, 2023 | Tyler Fenwick

A former northwest Indiana mayor convicted of bribery and obstructing federal revenue laws failed to convince the 7th Circuit Court of Appeals that, among other things, his rights were violated when the government seized communications between him and his attorney.

IN Supreme Court holding oral arguments June 22

June 16, 2023 | IL Staff

The Indiana Supreme Court will hold oral arguments for three cases June 22. Two of the three cases were reversed, and one was affirmed by the Court of Appeals of Indiana.

IN Supreme Court granted no transfers last week

June 16, 2023 | IL Staff

Indiana Supreme Court justices denied 16 transfer petitions for the week ending June 9. There were no transfers granted.

Court set to rule on Iowa governor’s bid to reinstate strict abortion limits

June 16, 2023 | Associated Press

An Iowa court ruling expected Friday could outlaw most abortions in the state or keep the procedure legal up to 20 weeks of pregnancy, at least for now.

D.C. spending standoff ahead as U.S. House Republicans demand $130 billion in cuts

June 16, 2023 | Indiana Capital Chronicle

U.S. House Republicans this week outlined how they would cut $130 billion from the dozen annual government funding bills — producing a plan with significantly lower spending than the level both parties agreed to in the debt limit deal just two weeks ago.

Off-duty Indiana sheriff’s deputy fatally shoots man who pointed rifle at officers

June 16, 2023 | Associated Press

An off-duty sheriff’s deputy fatally shot an armed man in Indiana after he ignored commands to drop a rifle and pointed the weapon at officers, police said.

Indiana attorneys allege poor treatment against man accused of killing two girls

June 16, 2023 | Associated Press

Attorneys for an Indiana man accused of killing two teenage girls six years ago argued before a judge Thursday that the man has been mistreated at the prison he is housed in, requesting relocation to a different facility.

Injunction to stop law banning transgender health care to be decided soon by federal judge

June 15, 2023 | Alexa Shrake

The American Civil Liberties Union of Indiana pressed its case Wednesday for a preliminary injunction to halt a ban on transgender medical treatment for children and teens.

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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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