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Opinions May 11, 2023

May 11, 2023

Court of Appeals of Indiana
Chad E. Hammann v. State of Indiana
22A-CR-2210
Criminal. Affirms the Dearborn Circuit Court’s revocation of Chad Hammann’s probation. Finds the trial court did not err by denying Hammann’s motion to dismiss. Also finds Hammann was not deprived of his due process right to written notice of the claimed violations of probation. Finally, finds the evidence is sufficient to support the revocation.

Prosecutor, former judge seeking Indiana congressional seats in 2024

May 11, 2023 | IL Staff

An Indiana prosecutor and former judge have each announced their plans to seek congressional office in 2024.

Unanimous Supreme Court gives transgender woman from Guatemala new chance to fight deportation

May 11, 2023 | Associated Press

The U.S. Supreme Court ruled Thursday in favor of a transgender Guatemalan woman who is fighting deportation on the grounds that she would face persecution if returned to her native country.

Supreme Court sides with ex-Cuomo aide, others convicted of corruption related to ‘Buffalo Billion’

May 11, 2023 | Associated Press

The Supreme Court on Thursday ruled for a onetime top aide to ex-New York Gov. Andrew Cuomo and others who were convicted of corruption related to an economic development project known as the “Buffalo Billion.”

Marion Co. sheriff’s deputy killed in dog attack that left her son, 8, wounded

May 11, 2023 | Associated Press

A sheriff’s deputy died after being attacked in her Indianapolis home by a dog that also bit and wounded her 8-year-old son, authorities said Wednesday.

As public health emergency ends, pandemic-era support programs have already been fading away

May 11, 2023 | Associated Press

The formal end of the national Public Health Emergency on Thursday is largely a symbolic and psychological step. But behind the scenes, several core aspects of America’s pandemic-era emergency safety net are also coming to a close.

What is Title 42 and how has US used it to curb migration?

May 11, 2023 | Associated Press

This week marks the end of coronavirus restrictions on asylum that have allowed the U.S. to quickly expel migrants at the southern border for the last three years.

George Santos pleads not guilty to federal indictment, says he won’t resign

May 11, 2023 | Associated Press

U.S. Rep. George Santos pleaded not guilty Wednesday to charges he duped donors, stole from his campaign and lied to Congress about being a millionaire, all while cheating to collect unemployment benefits he didn’t deserve.

California’s Feinstein returns to Senate after monthslong absence

May 11, 2023 | Associated Press

California Sen. Dianne Feinstein returned to the Senate on Wednesday after a two-and-a-half-month absence due to illness.

Opinions May 10, 2023

May 10, 2023

Court of Appeals of Indiana
Imad Shawa, M.D. v. Kathryn Gillette
22A-CT-1667
Civil tort. Reverses the Marion Superior Court’s denial of summary judgment for Imad Shawa. Finds Kathryn Gillette’s failure to use her probable knowledge of Shawa’s identity precludes unlimited extension of the statute of limitations. Remands with instructions for the trial court to enter summary judgment for Shawa.

Marion Co. judicial interviews altered after 1 candidate withdraws, another becomes unavailable

May 10, 2023 | IL Staff

Changes have been made to the Marion County judicial interviews set for this week after one candidate withdrew her application and another became unavailable for his scheduled interview.

COA orders defendant’s discharge in OVI case after 13-month delay in blood test results

May 10, 2023 | Daniel Carson

The state’s 13-month delay in providing blood test results violated a man’s right to a speedy trial, the Court of Appeals of Indiana ruled in a Wednesday reversal.

Inability to travel during pandemic gave man right to rescind Florida rental contract, split COA rules in reversal

May 10, 2023 | Daniel Carson

An Indiana man prohibited by state order from traveling to a Florida vacation home during the COVID-19 pandemic had a right to rescind his rental contract, a split Court of Appeals of Indiana ruled Wednesday in reversing a small claims court’s decision.

focus-railroads-shutterstock-bp-450.jpg

Jury finds Trump liable for sexual abuse, awards accuser $5M

May 10, 2023 | Associated Press

A jury found Donald Trump liable Tuesday for sexually abusing advice columnist E. Jean Carroll in 1996, awarding her $5 million in a judgment that could haunt the former president as he campaigns to regain the White House.

George Santos charged with fraud, including stealing from campaign to buy designer clothes

May 10, 2023

U.S. Rep. George Santos has been indicted on charges that he duped donors, stole from his campaign and lied to Congress about being a millionaire, all while cheating to collect unemployment benefits he didn’t deserve, prosecutors said Wednesday.

COA finds woman could have identified physician before statute of limitations expired

May 10, 2023 | Alexa Shrake

The Court of Appeals of Indiana reversed a trial court’s decision and remanded the case to grant a doctor’s motion for summary judgment in a suit against him for battery.

 

IN Northern District Court announces new clerk

May 10, 2023 | IL Staff

The U.S. District Court for the Northern District of Indiana has announced a new clerk of court. Chief Judge Jon E. DeGuilio announced Wednesday the selection of Chanda J. Berta as the new clerk. She began that role Monday.

IN justices to hear oral arguments in 3 cases May 17

May 10, 2023 | IL Staff

The Indiana Supreme Court will hear oral arguments in three cases next week, including one in which a man charged with cocaine possession and other felonies convinced an appellate panel that evidence stemming from a traffic stop should be suppressed.

What to know about public service student loan forgiveness

May 10, 2023 | Associated Press

The U.S. has approved more than $42 billion in federal student loan debt forgiveness for more than 615,000 borrowers in the past 18 months as part of a program aimed at getting more people to work in public service jobs, the U.S. Department of Education said this week.

Indiana gas tax hike set following GOP extending annual jump

May 10, 2023 | Associated Press

An Indiana agency confirmed Tuesday that the state’s gasoline tax will go up by one cent this summer under an annual increase that Republican legislators voted recently to extend by three years.

 

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrate judges

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

  • If approved, Terre Haute hospital merger would be the last under state law

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