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Opinions April 10, 2023

April 10, 2023

Michael Damien Howell v. State of Indiana (mem. dec.)
22A-PC-01659
Post-conviction relief petition. Affirms the post-conviction relief court’s denial of Michael Damien Howell’s petition. Finds Howell has not shown that his trial counsel’s error prejudiced him.

Indiana officers cleared in fatal shooting at traffic stop

April 10, 2023 | Associated Press

A prosecutor has cleared two Indiana law enforcement officers of any criminal wrongdoing in connection with a fatal shooting during a traffic stop in February.

COA: Woman voluntarily committed felony meth possession in penal facility by disregarding state trooper’s warnings

April 10, 2023 | Tyler Fenwick

A woman voluntarily committed felony possession of methamphetamine in a penal facility when she chose not to heed a state trooper’s warnings, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.

Chief Judge Pratt to address IU McKinney graduates at ceremony

April 10, 2023 | IL Staff

Chief Judge of the U.S. District Court for the Southern District of Indiana Tanya Walton Pratt is scheduled to speak at Indiana University Robert H. McKinney School of Law’s graduation celebration.

 

Indiana AG office releases annual report for 2022

April 10, 2023 | Alexa Shrake

The Office of the Indiana Attorney General released its annual report last week, with the office reporting itrecovered more than $475 million in 2022.

Competing abortion pill rulings sow broad alarm, confusion

April 10, 2023 | Associated Press

U.S. District Judge Matthew Kacsmaryk, a Trump appointee in Amarillo, Texas, put on hold federal approval of mifepristone, one of two drugs used in combination to end pregnancies. The judge immediately stayed his ruling for a week so federal authorities could file a challenge.

Ben Ferencz, last living Nuremberg prosecutor of Nazis, dies

April 10, 2023 | Associated Press

Ben Ferencz, the last living prosecutor from the Nuremberg trials, who tried Nazis for genocidal war crimes and was among the first outside witnesses to document the atrocities of Nazi labor and concentration camps, has died. He had just turned 103 in March.

Court backs school district in teacher firing over transgender students’ names

April 10, 2023 | Associated Press

An Indiana school district did not violate a former music teacher’s rights by pushing him to resign after the man refused to use transgender students’ names and gender pronouns, a federal appeals court said in an order released Friday.

How will the state pay for 988 services?

April 10, 2023 | Indiana Capital Chronicle

Nearly every stakeholder agrees that Indiana needs to improve its mental health supports — as demonstrated by the emotional testimony last week for Senate Bill 1, which seeks to shore up ongoing initiatives and formalize the 988 crisis response system.

Supreme Court expands list of electronic records excluded from public access

April 7, 2023 | IL Staff

The Indiana Supreme Court has expanded the types of records that must be excluded from public access to include electronic communications.

IN Supreme Court vacates 2 erroneous suspensions after grievance is filed against wrong attorney

April 7, 2023 | IL Staff

The Indiana Supreme Court has vacated two suspension orders against an Indianapolis attorney after the court’s disciplinary commission learned that a grievance filed against the attorney had been meant for a lawyer with a similar name.

IN Supreme Court hears oral arguments on life without parole murder sentence

April 7, 2023 | Alexa Shrake

The Indiana Supreme Court heard oral arguments this week in the case of a southern Indiana man sentenced to life without parole for the brutal murder of his ex-girlfriend.

McCarter & English finds new home in Carmel’s 1st on Main project

April 7, 2023 | Tyler Fenwick

The team at McCarter & English LLP now has a permanent office within the city of Carmel’s coveted 1st on Main project.

Bill targeting ‘noncompliant’ prosecutors appears dead for 2023 session

April 7, 2023 | Peter Blanchard, Indianapolis Business Journal and Taylor Wooten, Indianapolis Business Journal

Indiana legislation aimed at preventing county prosecutors from refusing to enforce certain laws appears to be dead for this year.

Woman charged in daughter’s shooting death strikes plea deal

April 7, 2023 | Associated Press

The mother of a 2-year-old northwestern Indiana girl who died after accidentally shooting herself with a gun she found at home would avoid additional jail time under a proposed plea deal with prosecutors.

Doctor non-competes, anti-union bills failed to clear committee; back on calendars

April 7, 2023 | Indiana Capital Chronicle

A supermajority doesn’t automatically ensure success. Case in point, two GOP bills — one a Senate priority — failed to get through committee this week.

Conservative groups push for ‘compassionate release’ of elderly, terminally ill inmates

April 7, 2023 | Indiana Capital Chronicle

A House bill that would ease Indiana’s process for the “compassionate release” of inmates with health issues won’t get a hearing in the Senate, according to a crucial committee chair – but advocates say they’re not done pushing the measure.

Senate strikes parental consent requirement from bill targeting student pronouns in schools

April 7, 2023 | Indiana Capital Chronicle

A controversial “parental rights” bill was pared down by Indiana senators on Thursday to remove a provision that would have required schools get consent from parents if a student requests to change their name or pronouns.

Resolution to limit bail passes out of Indiana House

April 6, 2023 | Alexa Shrake

The Indiana House has passed a resolution that would further limit the constitutional right to bail, sending the measure back to the Senate to review House amendments.

Purdue denied judgment, new trial in Title IX case related to ‘malicious’ sexual assault reports

April 6, 2023 | Tyler Fenwick

A federal magistrate judge has denied Purdue University’s motion for judgment or a new trial following a jury verdict in favor of a former student who accused the school of violating her Title IX rights for reporting a sexual assault.

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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

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

  • Delphi killer Richard Allen transferred to Oklahoma facility 

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

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