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Opinions July 27, 2023

July 27, 2023

Court of Appeals of Indiana
Jason Walden v. State of Indiana
22A-CR-2363
Criminal. Affirms Jason Walden’s convictions of three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting but reverses his aggregate 102-year sentence. Finds the Clinton Circuit Court did not abuse its discretion when it replayed the victim’s entire testimony in response to a jury question. Also finds the trial court’s consideration of Walden’s prior acquittals was improper. Remands for resentencing. Judge Cale Bradford concurs in part and dissents in part with separate opinion.

COA affirms 5 child molesting felonies but splits in reversing 102-year sentence

July 27, 2023 | Daniel Carson

A man’s convictions on five felony counts of child molesting will stand, the Court of Appeals of Indiana affirmed Thursday, but the court reversed a 102-year sentence and remanded for resentencing.

Butler soccer players sue school, former athletic trainer for sexual assault

July 27, 2023 | Alexa Shrake

Three Butler University soccer players have filed suit against the school and its agents, alleging sexual abuse at the hands of a former athletic trainer.

Trump lawyers meet with Jack Smith’s team ahead of possible 2020 election indictment, AP source says

July 27, 2023 | Associated Press

Lawyers for Donald Trump were meeting Thursday with members of special counsel Jack Smith’s team ahead of a potential indictment over the former president’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.

Supreme Court allows construction to resume on the Mountain Valley Pipeline

July 27, 2023 | Associated Press

The U.S. Supreme Court on Thursday allowed construction to resume on a contested natural-gas pipeline that is being built through Virginia and West Virginia.

IN Northern District magistrate Kolar tapped to replace Kanne on 7th Circuit

July 27, 2023 | IL Staff

U.S. District Court for the Northern District of Indiana Magistrate Judge Joshua P. Kolar has been nominated to fill the vacancy on the 7th Circuit Court of Appeals created by the death last summer of Judge Michael Kanne.

Michigan judge to decide if teenage school shooter will spend life in prison

July 27, 2023 | Associated Press

There is no dispute that Ethan Crumbley killed four fellow students and wounded others at Michigan’s Oxford High School in 2021. The next step: Should the 17-year-old spend the rest of his life in prison for the mass shooting?

Senate GOP leader McConnell briefly leaves news conference after freezing up midsentence

July 27, 2023 | Associated Press

Senate Republican Leader Mitch McConnell briefly left his own press conference Wednesday after stopping his remarks midsentence and staring off into space for several seconds.

Ohio officer fired after letting his police dog attack a surrendering truck driver

July 27, 2023 | Associated Press

A police officer in rural Ohio was fired Wednesday after he released his police dog on a surrendering truck driver despite state troopers telling him to hold the K-9 back.

High school student who sat in Pence’s chair during Capitol riot sentenced to 1 year in prison

July 27, 2023 | Associated Press

A high school student who stormed the U.S. Capitol, assaulted a police officer and sat in a Senate floor chair reserved for the vice president was sentenced Wednesday to one year in prison.

Elkhart attorney resigns following client complaints of misconduct

July 26, 2023 | Daniel Carson

An Elkhart attorney has resigned from the Indiana bar following multiple misconduct allegations that included failure to file bankruptcy paperwork on behalf of clients, failure to refund attorney and filing fees, and unresponsiveness.

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.

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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

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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