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Opinions April 6, 2023

April 6, 2023

Court of Appeals of Indiana
Steve Ford v. Brandon Slate
22A-SC-1018
Small claims. Affirms the Lawrence Township Small Claims Court of Marion County’s judgment in favor of Brandon Slate on his complaint for breach of contract against Steve Ford. Finds the trial court’s judgment was not clearly erroneous.

Indy man convicted in death of dad found in storage unit

April 6, 2023 | Associated Press

An Indianapolis man has been convicted in the fatal shooting of his father, whose body was found in a suburban storage unit nearly 17 months after his disappearance.

Justice Thomas reportedly took undisclosed luxury trips

April 6, 2023 | Associated Press

Supreme Court Justice Clarence Thomas has for more than two decades accepted luxury trips nearly every year from Republican megadonor Harlan Crow without reporting them on financial disclosure forms, ProPublica reports.

COA upholds damages award after general manager is fired from restaurant

April 6, 2023 | Olivia Covington

An “insignificant difference” between the damages a small claims court awarded and the damages the Court of Appeals of Indiana calculated led the appellate court to affirm the damages award in a breach of contract case Thursday.

 

Lawmakers rewrite, advance anti-ESG pension investment bill

April 6, 2023 | Indiana Capital Chronicle

Lawmakers on Wednesday stripped long sections out of a controversial bill cracking down on the state’s pension investment managers, inserting a simplified structure that would reduce the fiscal impact to zero, according to the proposal’s author.

Lawyers for man accused of killing 2 Delphi teens want move

April 6, 2023 | Associated Press

Attorneys for a man charged with killing two Delphi teenage girls filed an emergency court motion Wednesday seeking to move him from a prison where they claim his condition is deteriorating.

Pence won’t appeal order compelling grand jury testimony

April 6, 2023 | Associated Press

A spokesman for Mike Pence said Wednesday the former vice president will not appeal a judge’s order compelling him to testify in the Justice Department’s investigation into efforts by Donald Trump and his allies to overturn the results of the 2020 election.

ACLU sues to enjoin bill banning gender-affirming care for minors

April 5, 2023 | Alexa Shrake

The American Civil Liberties Union has filed a federal lawsuit challenging legislation banning gender-affirming medical care for minors, roughly one hour after Indiana Gov. Eric Holcomb signed the bill into law.

Holcomb signs controversial National Guard bill removing members’ ability to request court martial

April 5, 2023 | Alexa Shrake

Gov. Eric Holcomb has signed into law legislation that would alter the discipline process for the Indiana National Guard, including stripping members of the ability to request a court martial.

COA: Trial court misinterpreted right of first refusal language in family trust

April 5, 2023 | Tyler Fenwick

A man who had a right of first refusal to his late mother’s home should have been allowed to receive the home at its value at the time of his mother’s death, rather than the value of a purchase offer, the Court of Appeals of Indiana has ruled.

Opinions April 5, 2023

April 5, 2023

Court of Appeals of Indiana
Daniel Kay Beach v. Teresa Spiech, Trustee of the Dauby Family Trust
22A-TR-1779
Trust. Reverses and remands to determine the value of the home at the time of Carol Daubenspeck’s death so that the trust assets may be divided evenly between siblings, with Daniel Beach receiving the home as part of his distribution. Finds Beach’s right of first refusal gave him the choice to receive the home as part of his share of the trust if he so desired. Affirms the Hamilton Superior Court’s decision on all other grounds.

DOJ tentatively settles over Texas church shooting for $144M

April 5, 2023 | Associated Press

The Justice Department said Wednesday it has tentatively settled a lawsuit over the 2017 mass shooting at a Texas church that will pay victims and their families more than $144 million.

Bill further restricting right to bail headed for final House vote

April 5, 2023 | Alexa Shrake

The Indiana House is preparing for a final vote on a resolution that would extend the limit on the constitutional right to bail.

Stricter financial disclosure rules start for Supreme Court justices, federal judges

April 5, 2023 | Daniel Carson

There are a new financial disclosure requirements that Supreme Court justices and federal judges must follow, with regulations going into effect last month.

Indy attorney convicted of 2 misdemeanors in connection with Jan. 6 Capitol riot

April 5, 2023 | Olivia Covington

An Indianapolis attorney has been convicted of two federal misdemeanors in connection with the Jan. 6, 2021, riot at the U.S. Capitol.

Indiana governor signs ban on gender-affirming care

April 5, 2023 | Associated Press

Indiana’s governor signed a bill banning gender-affirming care for minors Wednesday, joining at least 12 other states that have enacted laws restricting or banning such care.

Trump’s day in court as criminal defendant: What to know

April 4, 2023 | Associated Press

For the first time in history, a former U.S. president has appeared in court as a criminal defendant. Here’s what to know about Trump’s day in court.

IN Senate passes bill that would double juror pay

April 4, 2023 | Tyler Fenwick

A bill that would double the pay for people who show up for jury selection and are chosen to serve passed out of the Indiana Senate on Monday.

AG’s office attempts to recover funds from Clinton Co. sheriff, wife for misuse of public funds

April 4, 2023 | Tyler Fenwick

The Indiana Attorney General’s Office has filed a complaint to recover public funds from the Clinton County sheriff and his wife, who are also facing conflict of interest and official misconduct charges for alleged misuse of jail commissary funds.

fees

Opinions April 4, 2023

April 4, 2023

Court of Appeals of Indiana
Curtis D. Shank v. State of Indiana (mem. dec.)
22A-CR-1500
Criminal. Affirms Curtis Shank’s conviction of Level 1 felony attempted murder and his sentence of 48 years executed. Finds the Elkhart Circuit Court properly handled Shank’s requests for a speedy trial such that his Criminal Rule 4(B) rights were not violated. Also finds Shank has failed to show that his sentence is inappropriate.

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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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