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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.

Kastel takes helm as Faegre Drinker’s 1st female chair

April 4, 2023 | IL Staff

Gina Kastel officially began her tenure as Faegre Drinker Biddle & Reath’s first female chair this month. The firm has also announced new board members.

4 attorneys assigned to abortion-related litigation resign from Indiana AG’s office; Rokita says departures unrelated to Bernard case

April 4, 2023 | Indiana Capital Chronicle

With key hearings scheduled in licensing and civil litigation against Indianapolis OB-GYN Dr. Caitlin Bernard this month, the Indiana Attorney General’s Office will be down four attorneys who worked on the case but have now resigned.

Indiana Senate backs GOP bill tightening mail voter rules

April 4, 2023 | Associated Press

A Republican-backed proposal that would require Indiana voters to submit more identification information to obtain mail-in ballots was endorsed Monday by the state Senate.

Voter ID

Machine gun switches will become illegal under Indiana bill

April 4, 2023 | Associated Press

Indiana lawmakers have given final approval to a proposal that would make it illegal for anyone to possess devices for adapting a firearm into a machine gun.

Trump surrenders to NY authorities ahead of arraignment

April 4, 2023 | Associated Press

Former President Donald Trump surrendered to authorities Tuesday at a Manhattan courthouse ahead of his arraignment on criminal charges stemming from a hush money payment to a porn actor during his 2016 campaign.

Brookman sworn in as Southern District judge

April 3, 2023 | IL Staff

Less than a week after his Senate confirmation, Matthew Brookman was sworn in as a district judge Monday for the United States District Court for the Southern District of Indiana.

Applications open for Tax Court vacancy; Wentworth to retire this summer

April 3, 2023 | IL Staff

The Indiana Judicial Nominating Commission is now accepting applications for a vacancy on the Indiana Tax Court as current Judge Martha Blood Wentworth prepares to retire this summer.

Opinions April 3, 2023

April 3, 2023

Court of Appeals of Indiana
Montgomery Scott Turner and Morgan Mitchell v. Roxanna Knowles
22A-EV-2622
Eviction. Reverses the Lawrence Superior Court’s judgment for Roxanna Knowles, a landlord. Finds Montgomery Turner and Morgan Mitchell have established prima facie error in the trial court’s determination. Remands with instructions to vacate an award of damages for Knowles and order Knowles to return a security deposit. Also remands with instruction to determine the tenants’ reasonable fees and costs.

2 men get 220-year terms in Indianapolis for killing 4

April 3, 2023 | Associated Press

Two men convicted of murder and other charges in the fatal Indianapolis shootings of three young men and a young woman were both sentenced Friday to 220 years in prison.

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In This Issue

  • 1935 case involving Wabash College grad back in U.S. Supreme Court spotlight

  • Enforcement of Indiana’s new data protection law begins Jan. 1

  • New federal law sparks hike in some immigration fees

Most Read
  • Court denies restraining order to union in dispute over picket line at Shelbyville casino

  • Indy attorney suspended for third time after sentencing for drug possession

  • Trump nominates Indy attorney involved in transgender sports fight for federal judge post

  • Beckwith’s office under investigation over AI video of lawmaker’s wife, alleged ghost employment

  • Owner of Indianapolis treatment center charged in $2.7M Medicaid fraud case

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