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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.

ACLU_2-450bp.jpg

Opinions June 15, 2023

June 15, 2023

United States of America ex rel. Michelle Calderon v. Carrington Mortgage Services LLC
22-1553
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the district court’s grant of summary judgment in favor of Carrington Mortgage Services. Finds Michelle Calderon did not proffer evidence that would permit a reasonable trier of fact to find that Carrington’s violations of the False Claims Act caused any harm to the U.S. Department of Housing and Urban Development. Also finds the district court did not abuse its discretion in excluding portions of Calderon’s expert testimony.

Lawsuit against mortgage company falls short of False Claims Act standards, COA affirms

June 15, 2023 | Tyler Fenwick

A former mortgage company employee who sued the company for allegedly falsifying loans in order to get federal insurance endorsement did not meet all of the criteria in the False Claims Act, the 7th Circuit Court of Appeals has ruled.

Barnes & Thornburg foundation awards $50K grant to South Bend child development center

June 15, 2023 | IL Staff

The Barnes & Thornburg Racial and Social Justice Foundation has awarded a $50,000 grant to El Campito Child Development Center in South Bend.

FHCCI releases new report on tenant screening barriers

June 15, 2023 | IL Staff

The Fair Housing Center of Central Indiana has released its newest report, “The State of Fair Housing in Indiana – No Way Home: Tenant Screening Barriers to Housing,” which documents the struggles and barriers for area residents in securing rental housing.

In affirmative action and student loan cases, some see backlash to racial progress in education

June 15, 2023 | Associated Press

As a Black student who was raised by a single mother, Makia Green believes she benefited from a program that gave preference to students of color from economically disadvantaged backgrounds when she was admitted over a decade ago to the University of Rochester.

Ex-Starbucks manager awarded $25.6M in suit over firing

June 15, 2023 | Associated Press

Jurors in federal court have awarded $25.6 million to a former Starbucks regional manager who alleged that she and other white employees were unfairly punished after the high-profile arrests of two Black men at a Philadelphia location in 2018.

Ex-US congressman seeks no prison time at July sentencing for insider trading conviction

June 15, 2023 | Associated Press

A former Indiana congressman should spend no time in prison after his insider trading conviction, his lawyers told a judge Wednesday.

Man released after arrest for allegedly setting fire in lobby at northwestern Indiana jail

June 15, 2023 | Associated Press

A 26-year-old man has been released after being misidentified as the person who walked into a northwestern Indiana jail, poured an accelerant on the floor and started a small fire, court records say.

COA affirms declaratory judgment in case involving Clinton Co. sheriff who hired wife as jail matron

June 14, 2023 | Daniel Carson

The Court of Appeals of Indiana affirmed a trial court’s declaratory judgment in a case involving Clinton County’s sheriff and his wife.

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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

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

  • Delphi killer Richard Allen transferred to Oklahoma facility 

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

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

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