IN Supreme Court amends rules on special judge selection
| IL Staff
The Indiana Supreme Court has amended the Rules of Trial Procedure to simplify eligibility for special judge selection in circuit, superior and probate courts.
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Opinions July 20, 2023
Court of Appeals of Indiana
Bryan Priest v. State of Indiana
22A-MI-2845
Miscellaneous. Affirms judgment by the Hendricks Superior Court finding Bryan Priest guilty of operating a commercial vehicle with an alcohol concentration equivalent of 0.04 but less than 0.08. Finds evidence admitted at Priest’s bench trial did not constitute hearsay and complied with the Indiana Administrative Code.
Database readout wasn’t hearsay, administrative violation, COA affirms
A database readout that was admitted in lieu of a missing breath-test ticket was not hearsay, nor was it a violation of the Indiana Administrative Code, the Court of Appeals of Indiana has ruled in a decision that drew a word of “caution” from the panel.
‘Profits over public safety’: Indianapolis files suit against Kia, Hyundai for shoddy anti-theft features
Indianapolis has joined other cities in suing Kia and Hyundai, accusing the automakers of cutting costs by forgoing security features, which has led to an increase in thefts.
COA dismisses company’s appeal in default judgment case, finding it wasn’t a party of record
A debt purchasing company was not substituted as the party of record or determined to be the plaintiff that owned a default judgment of $1,010 against an Ohio resident, the Court of Appeals of Indiana ruled Thursday in dismissing the appeal.
Holcomb makes appointments to Marion, Allen, Delaware Co. courts
| IL Staff
Gov. Eric Holcomb has announced new judicial appointments for courts in Marion, Allen and Delaware counties.
Judge orders man charged with killing 2 Delphi teenage girls to remain at northern Indiana prison
A man charged with killing two teenage girls from Delphi will remain held at a northern Indiana prison after a judge concluded Wednesday that he’s being treated better there than other inmates.
Republican, Democratic senators clash over proposed ethics rules for Supreme Court
The Senate Judiciary Committee is expected to vote Thursday on a new ethics code for the Supreme Court.
Ex-officer Derek Chauvin to ask US Supreme Court to review his conviction in murder of George Floyd
Former Minneapolis police Officer Derek Chauvin will ask the U.S. Supreme Court to review his conviction for second-degree murder in the killing of George Floyd, now that the Minnesota Supreme Court has declined to hear the case, his attorney said Wednesday.
Biden administration tells judge that its new asylum rule is not a reboot of Trump’s efforts
The Biden administration argued Wednesday that its new asylum rule is different from versions put forward under President Donald Trump in a court hearing before a judge who threw out Trump’s attempts to limit asylum on the U.S.-Mexico border.
IBJ Media releases Indiana 250 list of influential leaders
Check out this year’s class of Indiana 250 honorees.
PRESS RELEASE: IBJ Media releases second annual Indiana 250 list of influential Hoosiers
IBJ Media on Thursday released its second annual Indiana 250, a list of the state’s most influential and impactful business and community leaders.
COA to hear oral arguments in insurance, blasting damage cases
| IL Staff
The Court of Appeals of Indiana will hear oral arguments this week and next in cases involving a company seeking a determination of rights under policies sold by various insurers and a dispute over blasting procedure at a quarry that went wrong.
Opinions July 19, 2023
Indiana Supreme Court
Hoosier Contractors, LLC v. Sean Gardner
22S-CT-381
Civil tort. Reverses the denial of Hoosier Contractors LLC’s motion for summary judgment but affirms the denial of Sean Gardner’s motion for partial summary judgment. Finds Gardner did not prove he sustained any injury that would afford him standing to pursue his counterclaim against Hoosier Contractors. Remands with instructions to dismiss the counterclaim for lack of standing. Justice Christopher Goff concurs in the judgment with separate opinion, joined by Chief Justice Loretta Rush.
COA affirms court doesn’t need to revisit suppression issue for man who lodged ‘standing objection’ to ‘literally anything’
A man who objected to “literally anything” stemming from a warrantless search of his home didn’t argue the evidence presented at trial conflicted with evidence presented at a suppression hearing, so the trial court didn’t need to revisit the issue.
Family of pregnant woman killed by speeding officer loses 7th Circuit appeal
A district court correctly dismissed a complaint alleging an Indianapolis police officer violated a woman’s 14th Amendment rights when he struck and killed her while driving to work, the 7th Circuit Court of Appeals affirmed Tuesday.
Justices find consumer lacked standing to pursue counterclaim, but concurrence expresses concern about federal standing doctrine
The Indiana Supreme Court has ordered a trial court to dismiss a consumer’s counterclaim to a breach-of-contract suit brought by a contractor, finding the consumer did not prove he was actually injured by the contractor’s allegedly deceptive acts.
Cook Co. jury awards Valparaiso couple $43.8M in semi injury suit
An Illinois jury has awarded a Valparaiso couple $43.8 million for injuries suffered in a 2016 semi crash.
COA: 2022 permitless carry law not remedial, retroactive
A man who attempted to use Indiana’s 2022 permitless carry law to defeat his carrying-without-a-license conviction failed to find relief at the Court of Appeals of Indiana, which agreed with the trial court that the 2022 law is not remedial or retroactive.
2 days left to submit Diversity in Law nominations
| IL Staff
Only two days remain until the extended window for Diversity in Law 2023 nominations closes. Nominations must be submitted online by 11:59 p.m. Friday.
