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Opinions Feb. 22, 2023

February 22, 2023

Court of Appeals of Indiana
April L. Chauncy v. State of Indiana
22A-CR-907
Criminal. Affirms the Shelby Superior Court’s denial of April Chauncy’s motion to suppress evidence found during an automobile she was a passenger in. Finds the trial court did not err in determining the police had reasonable suspicion to stop the vehicle.

Less than 2 weeks to submit 2023 Leadership in Law nominations

February 22, 2023 | IL Staff

Less than two weeks remain to submit nominations for Indiana Lawyer’s 2023 Leadership in Law Awards.

4th iteration of ‘noncompliant prosecutors’ bill advances out of Senate committee

February 22, 2023 | Olivia Covington

It’s a bill the Indiana Senate Corrections and Criminal Law Committee is well acquainted with. But this time, the effort to curb so-called “social justice prosecuting” has taken a new form.

Evansville man sentenced in drug case tied to Indiana motorcycle club

February 22, 2023 | Associated Press

A 37-year-old southern Indiana man has been sentenced to eight years in federal prison for his role in what authorities say was a large-scale conspiracy to distribute methamphetamine.

SCOTUS won’t revive lawsuit over NSA surveillance

February 22, 2023 | Associated Press

The Supreme Court of the United States on Tuesday declined to revive an American Civil Liberties Union lawsuit challenging a portion of the National Security Agency’s warrantless surveillance of Americans’ international email and phone communications.

Supreme Court won’t upset Arkansas anti-Israel boycott law

February 22, 2023 | Associated Press

The U.S. Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.

US to limit asylum to migrants who pass through a 3rd nation

February 22, 2023 | Associated Press

The Biden administration said Tuesday it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through.

COA reverses IURC’s approval of certain Duke Energy coal-ash cleanup costs

February 21, 2023 | Tyler Fenwick

The Indiana Utility Regulatory Commission shouldn’t have approved Duke Energy’s request to recover costs related to a federal environmental mandate for coal-ash cleanup that were incurred before the energy company received approval.

duke04-2col.jpg

APABA-IN hosting Lunar New Year CLE with sessions on wellness, former fertility doctor Cline

February 21, 2023 | IL Staff

The Asian Pacific American Bar Association of Indiana is hosting a continuing legal education event this week with sessions on disgraced fertility specialist Donald Cline and on how to think slowly while maintaining a fast-paced life.

IN justices agree to hear juvenile machine gun case

February 21, 2023 | Alexa Shrake

The Indiana Supreme Court granted transfer to one case out of 24 last week, agreeing to consider a case involving a teen who was adjudicated as a delinquent for possessing a machine gun.

Opinions Feb. 21, 2023

February 21, 2023

Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
21A-EX-2702
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.

Retired IN justice David joins Church Church Hittle and Antrim

February 21, 2023 | IL Staff

Retired Indiana Supreme Court Justice Steven David has joined the law firm of Church Church Hittle and Antrim.

After 3 years and 500 court filings, Community Health and feds still wrangling over false-claims allegations

February 21, 2023 | John Russell, Indianapolis Business Journal

It’s a massive case against a large Indiana hospital system that shows no signs of wrapping up soon.

Indiana ‘Don’t Say Gay’ bill pivots to kids’ gender identity

February 21, 2023 | Associated Press

Teachers in Indiana public schools could be required to tell parents if a student changes their gender identity or preferred name under a bill House committee members approved Monday.

What is Section 230, the rule that made the modern internet?

February 21, 2023 | Associated Press

Twenty-six words tucked into a 1996 law overhauling telecommunications have allowed companies like Facebook, Twitter and Google to grow into the giants they are today. A case coming before the U.S. Supreme Court this week challenges that law.

Justices reject appeal from man arrested for spoofing police

February 21, 2023 | Associated Press

The U.S. Supreme Court has rejected an appeal, backed by the satirical The Onion, from a man who was arrested and prosecuted for making fun of police on social media.

COA reverses child molesting delinquency adjudication for hearsay

February 20, 2023 | Susan Orr

A trial court committed fundamental error when it allowed a videotaped interview to be entered into evidence in a delinquency case against a 15-year-old boy, the Court of Appeals of Indiana has ruled.

Division of assets, child support reversed, remanded in Hendricks Co. divorce

February 20, 2023 | Susan Orr

The Court of Appeals of Indiana has reversed and remanded a Hendricks Superior Court order on the division of marital assets and a father’s child support obligation to his special needs adult daughter.

fees

COA reverses reckless homicide conviction after distracted driving evidence wrongly excluded

February 20, 2023 | Alexa Shrake

The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.

Opinions Feb. 20, 2023

February 20, 2023

Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.

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In This Issue

  • More executions? Some doubts rise amid concerns about the high cost of lethal-injection drugs

  • More than 14,000 Hoosiers on electronic monitoring, data shows

  • Nominees Wheeler, Mildred ready to serve as U.S. Attorneys in Indiana

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

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

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

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

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