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Opinions March 28, 2023

March 28, 2023

Court of Appeals of Indiana
Michael T. Owens v. State of Indiana
21A-CR-1900
Criminal. Affirms the Marion Superior Court’s denial of Michael Owens’ motion to dismiss the habitual offender enhancement to his sentence. Finds Owens’ claim rests on a faulty reading of Indiana Code § 35-34-1-5(e). Sua sponte remands to correct sentencing error.

Fort Wayne boy, 16, gets 65-year sentence in man’s 2022 slaying

March 28, 2023 | Associated Press

A 16-year-old northeastern Indiana boy has been sentenced to 65 years in prison for fatally shooting a man during a robbery outside a Fort Wayne church.

Justices require audio recordings of hearings but still allow shorthand, stenography

March 28, 2023 | IL Staff

Following an outcry from court reporters, the Indiana Supreme Court has issued its amendment to Trial Rule 74 allowing shorthand and stenography as long as an audio recording is also made.

Supreme Court skeptical of man who offered adult adoptions

March 28, 2023 | Associated Press

The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.

Mixed beverage bill could impact prices for consumers

March 28, 2023 | Indiana Capital Chronicle

A bill letting beer wholesalers cash in on lucrative liquor-based drinks would “expand their monopolistic advantage” and raise prices for consumers, argues a leading wine and liquor organization.

Man pleads not guilty in death of fiancee who went missing

March 28, 2023 | Associated Press

The fiance of an art student who went missing nearly 12 years ago pleaded not guilty to two counts of murder in her death during his initial court appearance Monday.

Indiana bill banning gender-affirming care sent to governor

March 28, 2023 | Associated Press

Indiana House Republicans on Monday approved a bill that would ban all gender-affirming care for minors in the state, sending the measure to Indiana’s Republican governor amid a wave of anti-LGBTQ legislation across the U.S.

Gumm: Alexa, what are the legal implications of generative AI?

March 28, 2023 | Stephanie Gumm

t the crossroads of innovation and ownership, one finds intellectual property. While the desire for creative advancement and the need for protection aren’t necessarily in opposition to one another, the two must be balanced.

Weissmann and Harrell: Heads up: We’re all in this together in the fight against stigma

March 28, 2023 | Leanna K. Weissmann and Terry L. Harrell

Mental health issues are important for lawyers to understand, because as mental health increasingly takes center stage in attorney offices and the courtroom, we must see ourselves in our clients’ struggles.

Two schools of thought: New legislation could limit ESG investment of public retirement funds

March 28, 2023 | Daniel Carson

Proposed legislation in the Indiana Legislature has put a spotlight on two schools of thought when it comes to investing public pension funds.

No quorum means no new judges or courts: Legislature rejects requests for judicial resources as caseloads grow

March 28, 2023 | Alexa Shrake

As caseloads continue to grow, Hoosier judges are increasingly feeling the pressure of trying to move their cases quickly, but also justly.

Summit meant to ‘move the needle’ on civics education

March 28, 2023 | Tyler Fenwick

A first-of-its-kind civics summit in Indianapolis in April will convene leaders from government, education, business and the law, with the goal of creating a coalition that can keep up the momentum for civics education in Indiana.

IndyBar: Nominate a Paralegal Today

March 28, 2023 | From IndyBar

Do you know an outstanding paralegal who should be recognized for their contribution to the legal community? Nominate someone who stands out in the paralegal profession and deserves special recognition for the IndyBar’s 2023 Paralegal of the Year Award.

COA affirms, reverses, remands in broken lease case

March 27, 2023 | Daniel Carson

A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.

Lower court needs to address constitutional issues, hold hearing in sex crimes case, 7th Circuit rules

March 27, 2023 | Daniel Carson

A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.

Job reclassification is upheld by COA

March 27, 2023 | Alexa Shrake

The Court of Appeals of Indiana affirmed Monday a lower court’s ruling involving the reclassification of a position at a nursing facility.

Opinions March 27, 2023

March 27, 2023

Court of Appeals of Indiana
American Senior Communities v. Indiana Family & Social Services Administration
22A-PL-2556
Civil plenary. Affirms  the reclassification of the nursing scheduler coordinator position from the direct care component to the administrative component. Finds the reclassification was not arbitrary and capricious.

State made reasonable effort to contact witness for second murder trial, COA affirms

March 27, 2023 | Alexa Shrake

The Court of Appeals of Indiana affirmed a man’s murder and robbery convictions after finding the admission of previous witness testimony was harmless.

Two new Marion County judges appointed

March 27, 2023 | IL Staff

Gov. Eric Holcomb announced two judicial appointments for the Marion County Superior Court on Friday.

Applicants for COA vacancy announced along with interview times

March 27, 2023 | IL Staff

Court of Appeals of Indiana Judge Margret Robb plans to retire this summer, leaving a seat on the bench open. The Indiana Judicial Nominating Commission will be holding interviews April 24.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

  • State judiciary is considering alternative exam for bar admission

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