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Opinions Jan. 9, 2023

January 9, 2023

Indiana Supreme Court
Donnell Goston, Sr., et al. v. State of Indiana, et al.
23S-CT-5
Civil tort. Grants transfer to clarify that Indiana Trial Rule 16, Trial Rule 56(B) and Marion County Local Rule LR49-TR16 207(B) work in harmony and are not in conflict. Finds the Marion Superior Court appropriately exercised the discretion afforded by Trial Rule 16 in a manner that balanced the goals of doing justice to the merits of the case, minimizing the risk of prejudice to the plaintiffs, and maintaining orderly and efficient court proceedings when it considered the defendants’ motion for summary judgment, filed outside the deadline set by the local rule. Summarily affirms the Court of Appeals of Indiana in all other respects.

Justices grant transfer to clarify that Trial Rules, Marion Co. local rule ‘work in harmony’

January 9, 2023 | Olivia Covington

Granting transfer to clarify a procedural question, the Indiana Supreme Court has determined that a Marion County local rule regarding dispositive motions doesn’t conflict with the Indiana Trial Rules.

Legalizing online casinos lands backing of Indiana House committee chair

January 9, 2023 | Peter Blanchard, Indianapolis Business Journal

A rising Indiana lawmaker from Cass County will sponsor legislation to legalize online casino gambling and online lottery games, which would give Hoosiers the ability to play state lottery and casino games on their smartphones, tablets and desktop computers.

Budget has big ongoing, one-time obligations

January 9, 2023 | Indiana Capital Chronicle

When drafting the state’s next budget, lawmakers will need to consider the state’s ongoing commitments and one-time obligations under the cloud of a potential recession.

Lawmakers cautiously eye property tax relief with big bills on horizon

January 9, 2023 | Indiana Capital Chronicle

Indiana lawmakers are drawing up changes to the state’s property tax system, with high value assessments last spring pointing toward potentially high bills this year. But their approach has been cautious.

Fort Wayne woman sentenced to 20 years for neglect in son’s death

January 9, 2023 | Associated Press

A Fort Wayne woman convicted of neglect in her 9-year-old son’s death was sentenced to 20 years in prison Friday.

Mayor: Teacher shot by 6-year-old ‘red flag for the country’

January 9, 2023 | Associated Press

A Virginia teacher who was critically injured when she was shot by a 6-year-old student in Newport News is showing signs of improvement as authorities struggle to understand how a child so young could be involved in a school shooting.

Voter registration violations found in Tippecanoe Co., but no one prevented from casting ballot

January 6, 2023 | Marilyn Odendahl

The Indiana Election Commission has found Tippecanoe County officials violated state and federal voter registration laws but noted there is no evidence any individual was prevented from participating in an election as a result.

Marion Co. Prosecutor’s Office relaunches ‘Good Faith Initiative’ for driver’s license reinstatement

January 6, 2023 | Alexa Shrake

Marion County Prosecutor Ryan Mears announced Wednesday the relaunch of the Good Faith Initiative, giving a “fresh start” to noncustodial parents whose drivers licenses have been suspended.

Indiana law schools recognized in report for commitment to pro bono services

January 6, 2023 | Alexa Shrake

The law school Class of 2022 contributed more than $80 million worth of pro bono services as part of their legal education, new data show, including contributions from each of Indiana’s three law schools.

COA: Trial court erred by forbidding father’s discussion of religion with child

January 6, 2023 | Jordan Morey

The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.

Opinions Jan. 6, 2023

January 6, 2023

Court of Appeals of Indiana
Kory Easterday v. Amber (Easterday) Everhart

22A-DC-1510
Domestic relations with children. Reverses in part the Jackson Superior Court’s decision to modify the legal custody of Ka.E., the child of father Kory Easterday and mother Amber Everhart. Finds Easterday demonstrated prima facie error. Also finds the trial court erred when it based the modification of legal custody solely on religion. Finally, finds the portion of the trial court’s order totally prohibiting Easterday from discussing religion with Ka.E. violates his First Amendment right to free speech.

Floyd Co. judge rejects reduced prison time in deadly wrong-way crash

January 6, 2023 | Associated Press

A southern Indiana judge has rejected a reduced prison sentence for a Kentucky woman who pleaded guilty in a wrong-way freeway crash that killed three people and an unborn child.

Indiana lawmakers say they’re unlikely to pass new abortion legislation in 2023

January 6, 2023 | Indiana Capital Chronicle

Indiana’s top Republican lawmakers say they’re holding off on new abortion legislation in the 2023 legislative session — at least for now. But the future is less clear on tangential issues of mail-order abortion pills and contraception.

Fulton Co. man sentenced for hit-and-run that killed girl, 12

January 6, 2023 | Associated Press

A northern Indiana man has been sentenced to nine years for a hit-and-run that killed a 12-year-old girl and injured a teenage boy.

EXPLAINER: Capitol riot investigation growing 2 years later

January 6, 2023 | Associated Press

The largest investigation in the Justice Department’s history keeps growing two years after a mob attacked the U.S. Capitol and challenged the foundations of American democracy.

FTC proposes rule that would ban employee noncompete clauses

January 6, 2023 | Associated Press

The Federal Trade Commission proposed a rule Thursday that would ban U.S. employers from imposing noncompete clauses on workers.

Justice Jackson working on a memoir, titled ‘Lovely One’

January 6, 2023 | Associated Press

Supreme Court Justice Ketanji Brown Jackson is working on a memoir. Jackson, the first Black woman appointed to the court, is calling the book “Lovely One.”

Biden toughens border, offers legal path for 30,000 a month

January 6, 2023 | Associated Press

President Joe Biden said Thursday the U.S. would immediately begin turning away Cubans, Haitians and Nicaraguans who cross the border from Mexico illegally, his boldest move yet to confront the arrivals of migrants that have spiraled since he took office.

Claflin takes over as managing partner of Plews Shadley from South Bend

January 5, 2023 | IL Staff

Attorney Jeff Claflin has been elected managing partner of Plews Shadley Racher & Braun, marking the first time a member of the firm’s South Bend office will fill the top leadership position.

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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

  • 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

  • List of new Indiana laws approved this year

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

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