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Opinions May 25, 2023

May 25, 2023

Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.

Gunman in 2019 judges shooting argues fundamental error, insufficient evidence on appeal

May 25, 2023 | Olivia Covington

The man convicted of aggravated battery in connection with the May 2019 shooting of two southern Indiana judges is asking the Court of Appeals of Indiana to overturn his convictions based on fundamental error and double jeopardy violations.

Supreme Court limits federal power over wetlands, boosts property rights over clean water

May 25, 2023 | Associated Press

The Supreme Court on Thursday made it harder for the federal government to police water pollution in a decision that strips protections from wetlands that are isolated from larger bodies of water.

Evansville employee sentenced to prison for fraud

May 25, 2023 | Alex Brown, Inside Indiana Business

A Kentucky man has been sentenced to 3½ years in prison after pleading guilty to multiple charges related to a scheme to defraud his employer in Evansville.

First month of Medicaid ‘unwinding’ boots 92K Hoosiers from coverage

May 25, 2023 | Indiana Capital Chronicle

Nearly 92,600 Hoosiers lost their Medicaid coverage this month, the first of many to lose their insurance following the “unwinding” of pandemic-related protections over the next year — and at a much higher pace than previously predicted.

Indiana doctor’s discipline hearing centers on privacy, reporting of Ohio 10-year-old’s abortion

May 25, 2023 | Associated Press

A hearing on possible disciplinary action opened Thursday for an Indianapolis doctor who spoke publicly about providing an abortion to a 10-year-old rape victim from Ohio.

Texas Attorney General Ken Paxton likely broke laws, Republican investigation finds

May 25, 2023 | Associated Press

A Republican-led investigation on Wednesday accused Texas Attorney General Ken Paxton of committing multiple crimes in office during an extraordinary public airing of scandal and alleged lawbreaking.

Justices invite amicus briefing in state employee indemnification rights case

May 24, 2023 | IL Staff

The question of whether an Indiana Department of Natural Resources officer committed “criminal” conduct when he committed the act of false informing is pending a decision on transfer to the Indiana Supreme Court, which has invited amicus curiae briefing.

Federal court remands TikTok lawsuit back to state court, criticizes lengthy complaint

May 24, 2023 | Alexa Shrake

A complaint filed by the state against social media giant TikTok has been bounced back to state court after being remanded this week by a federal judge, who criticized the 51-page complaint’s length and “irrelevant posturing.”

Opinions May 24, 2023

May 24, 2023

Court of Appeals of Indiana
Robert A. Kissinger v. State of Indiana (mem. dec.)
22A-CR-2647
Criminal. Affirms Robert Kissinger’s conviction and 30-year sentence for Level 1 felony child molesting. Finds the DeKalb Circuit Court did not abuse its discretion in admitting a nurse’s report, and even if it did, the error was harmless. Also finds the evidence is sufficient to identify Kissinger as the perpetrator and to support his conviction. Finally, finds Kissinger’s advisory sentence is not an outlier.

Federal magistrate: Former Ascension employees can add plaintiffs, defendants in now-consolidated COVID vaccine lawsuit

May 24, 2023 | Tyler Fenwick

Current and former employees of Ascension Health can add three new individual plaintiffs and three new defendants to their class-action lawsuit against the hospital system regarding religion exemptions to COVID-19 vaccine requirements.

ISBA launches Indiana Pro Bono Academy to make pro bono work more accessible

May 24, 2023 | IL Staff

The Indiana State Bar Association has launched an online Indiana Pro Bono Academy to provide an entry point for Hoosier attorneys who want to do pro bono work.

1 year after Uvalde shooting, investigation of police response continues

May 24, 2023 | Associated Press

A criminal investigation in Texas over the hesitant police response to the Robb Elementary School shooting is still ongoing as Wednesday marks one year since a gunman killed 19 children and two teachers inside a fourth-grade classroom in Uvalde.

Chief Justice Roberts says Supreme Court can do more on ethics, but offers no specifics

May 24, 2023 | Associated Press

Chief Justice John Roberts said there is more the Supreme Court can do to “adhere to the highest standards” of ethical conduct, an acknowledgment that recent reporting about the justices’ ethical missteps is having an effect on public perception of the court.

Indiana Lottery to send expected $362 million surplus back to state

May 24, 2023 | Indiana Capital Chronicle

Indiana’s lottery expects to send a whopping $361.7 million to state coffers, up 4% from last year’s payout but down from a pandemic-era record-high.

Progressives try to persuade Biden to use the 14th Amendment to resolve debt crisis

May 24, 2023 | Indiana Capital Chronicle

Progressives are pushing hard for President Joe Biden to take the unprecedented step of invoking the 14th Amendment as a way to avoid financial calamity if the White House and House Speaker Kevin McCarthy do not strike a deal on the debt ceiling.

States sue telecom company over billions of robocalls

May 24, 2023 | Associated Press

Attorneys general across the U.S. joined in a lawsuit Tuesday against a telecommunications company accused of making more than 7.5 billion robocalls to people on the national Do Not Call Registry.

Hammerle on… “Scream VI” and “John Wick: Chapter 4”

May 24, 2023 | Robert Hammerle

Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Scream VI” and “John Wick: Chapter 4.”

Opportunities, drawbacks in rural Indiana

May 24, 2023 | Daniel Carson

Blaine Timonera is part of an increasingly shrinking group of new lawyers who choose to practice in smaller cities and rural communities across Indiana.

Locally sourced: Legal tech startups carve out niche in Indianapolis

May 24, 2023 | Daniel Carson

Law firms of every size are increasingly relying on legal technology tools to help them do their work. Depending on the firms’ needs, they may also contract with legal technology service providers.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Indianapolis liquor stores lose permits after accusations of forged documents

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

  • Former WISH-TV chief meteorologist sues broadcasting company over noncompete agreement

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