COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
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Opinions Jan. 26, 2023
7th Circuit Court of Appeals
Mark Benner v. Jesse Carlton, Chief Probation Officer of St. Joseph County, Indiana
22-1139
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division.
Judge Damon R. Leichty.
Civil. Affirms the denial of Mark Benner’s petition for collateral relief from his convictions of child seduction. Finds Indiana Code § 35-42-4-7(n) is not unconstitutionally vague.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
Ex-high school basketball coach convicted of child seduction loses federal appeal
A disgraced high school basketball coach convicted of seducing one of his players has failed in his bid for relief from the federal courts after two appeals at the Court of Appeals of Indiana previously failed.
Senate Judiciary has few questions for Brookman in 1st district court confirmation hearing, signaling likely easy confirmation
Wednesday’s hearing before the U.S. Senate Committee on the Judiciary was a relatively quiet affair for Indiana Southern District Court Magistrate Judge Matthew Brookman, who has been nominated to become a district judge on the court where he currently serves. That quiet could be a sign that he’s on the path to an all but assured confirmation.
Hoosiers convicted of felony vote fraud would lose voting rights via House bill
Hoosiers convicted of felony vote fraud offenses wouldn’t be able to cast a ballot for 10 years under a bill passed 6-4 by the Indiana House Committee on Elections and Apportionment on Wednesday.
Congressman Jim Banks, a Senate candidate, clarifies anti-abortion ‘travel ban’ stance
Third District Republican U.S. Rep. Jim Banks does want stronger anti-abortion laws but said he doesn’t believe measures banning travel from Indiana to abortion access states like Illinois is the answer.
Indiana Senate panel advances bill to prohibit non-compete agreements for physicians
An Indiana Senate panel voted Wednesday to advance a bill that would prohibit non-compete agreements between physicians and their employers.
Leadership in Law 2023 – Corporate Table of 10
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Indiana House GOP ‘exploring options’ to postpone school tax referendums, including for IPS
Indiana House Republicans are mulling legislation to delay local referendums to increase school property taxes until the fall election, a move that could have major implications for a rebuilding plan for Indianapolis Public Schools.
2023 Leadership in Law – Premium Corporate Table of 10
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Amendments to administrative, public access rules proposed
| IL Staff
The Indiana Supreme Court is seeking public comment on amendments to rules governing judges, senior judges and prosecutors as well as a proposed amendment to public access rules.
Resolution to deny bail in ‘substantial risk’ cases headed for final Senate vote after amendments fail
The Indiana Senate heard two amendments Tuesday to a resolution that would limit the right to bail, but neither passed.
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Northern Indiana diocese gets summary judgment on student-athlete’s negligence claim
The Catholic Diocese of Fort Wayne-South Bend will be awarded summary judgment after the Court of Appeals of Indiana found evidence to negate a student-athlete’s claim that the diocese was negligent in allowing her to compete following a “minor” injury.
Opinions Jan. 25, 2023
Court of Appeals of Indiana
State of Indiana, acting by and through its Department of Natural Resources v. Kailee M. Smith (now Leonard) and Jeffrey S. McQuary
22A-MI-685
Miscellaneous. Reverses the judgment in favor of Kailee Leonard on her suit against the state of Indiana for indemnification. Finds the state did not waive its challenge to the noncriminality of Officer Scott Johnson’s actions in procuring Leonard’s false arrest. Also finds the falsehood finding does not support the Marion Superior Court’s conclusion that Johnson’s actions were “noncriminal” under the indemnification statute.
Throwing stars, EMS services, food and beverage tax bills moving through Indiana Legislature
Dozens of bills are already advancing through committees and legislative chambers halfway through the third week of Indiana’s 2023 session.
Allen Co. picked for jury selection in slain Delphi teens trial
A jury for the trial of an Indiana man accused of killing two teenage girls from Delphi nearly six years ago will be selected from a northern Indiana county of over 300,000 people, online court filings on Tuesday showed.
Police: Officer-involved shooting leaves man dead in Gary
An officer-involved shooting in Gary left a man dead Tuesday evening, police said.
Garner to lead Marion Superior Court Executive Committee
| IL Staff
Marion Superior Judge Charnette Garner has been elected to serve as the presiding judge of the Marion Superior Court Executive Committee for the 2023-2024 term.