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Opinions Dec. 16, 2022

December 16, 2022

Indiana Supreme Court
In the Matter of the Civil Commitment of B.N. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center
22S-MH-408
Mental health. Grants transfer and affirms the order of regular commitment of B.N. after the Marion Superior Court conducted a remote hearing. Finds the trial court abused its discretion by failing to provide particularized and specific factual support to conduct B.N.’s commit hearing remotely over her timely objection, but the error was harmless.

2023 Wabash grad earns fellowship in preparation for legal career

December 16, 2022 | IL Staff

A Wabash College student who plans to pursue a career in the law has been awarded a Marshall Scholarship, a competitive international fellowship that will send him to the United Kingdom to continue his studies.

Indiana Supreme Court asks for funding swap to support technology initiatives

December 16, 2022 | Marilyn Odendahl

Indiana Chief Justice Loretta Rush outlined the judicial branch’s biennial budget request for a 7% increase in funding, highlighting the work of the court technology office and its need for a steady stream of funding.

fees

US judge blocks Biden bid to end ‘Remain in Mexico’ policy

December 16, 2022 | Associated Press

A federal judge on Thursday temporarily blocked the Biden administration from ending a Trump-era policy requiring asylum-seekers to wait in Mexico for hearings in U.S. immigration court.

Decatur Co. Judge Day charged with 2 counts of judicial misconduct for handling of CHINS cases

December 16, 2022 | IL Staff

Decatur Circuit Court Judge Timothy B. Day is facing formal discipline charges for alleged misconduct in his handling of child in need of services cases.

Competitive GOP field for IN governor sets up a costly fundraising battle

December 16, 2022 | Peter Blanchard, Indianapolis Business Journal

The three Republican candidates already lining up to become Indiana’s next governor in 2024 are setting up what is expected to be a fierce battle for votes and campaign cash in a hotly contested GOP primary.

Purdue student charged with killing roommate unfit for trial

December 16, 2022 | Associated Press

A Purdue University student charged with murder in the stabbing death of his dormitory roommate is incompetent to stand trial, a judge ruled Thursday.

doe-purdue-101718-450bp.jpg

State predicts mild recession, stagnant economy in 2023

December 16, 2022 | Peter Blanchard, Indianapolis Business Journal

Indiana officials predicted Thursday that an economic downturn will dramatically slow the growth in state tax collections that have fueled a booming budget surplus over the past two years.

Massachusetts Gov. Charlie Baker to be next NCAA president

December 16, 2022 | Associated Press

Massachusetts Gov. Charlie Baker will be the next president of the NCAA, stepping in to lead an organization with diminished power amid sweeping change across college sports.

ncaa-building-2col.jpg

Teacher’s aide loses 1st Amendment case after being fired for social media comment

December 15, 2022 | Jordan Morey

A teaching aide who lost her job after posting misinformation about a school leadership program on Facebook has also lost her bid for summary judgment in her federal lawsuit against the school corporation.

COA affirms return of model Picasso sculpture to original bidder

December 15, 2022 | Marilyn Odendahl

A scaled model of a Picasso sculpture possessed by the Gary Community School Corp. is returning to the original bidder after the Court of Appeals of Indiana concluded the statute requiring the mayor to approve the sale in advance was not mandatory.

Fishers continues dominance of We the People state competition

December 15, 2022 | IL Staff

As they did in 2021, the students from Fishers swept the 2022 We the People state championships, with Fishers High School and Fishers Junior High School taking home top honors in the civics competition.

Opinions Dec. 15, 2022

December 15, 2022

Court of Appeals of Indiana
Jennifer R. Teising v. State of Indiana
22A-CR-548
Criminal. Reverses Jennifer R. Teising’s convictions of 21 counts of Level 6 felony theft. Finds the state failed to present sufficient evidence that Teising intended to abandon her Wabash Township domicile and establish a new residence elsewhere and that she, in fact, established said new residence. Also finds the Tippecanoe Superior Court erred in finding Teising guilty.

Ex-trustee who worked remotely from camper during COVID wins reversal of 21 theft convictions

December 15, 2022 | Jordan Morey

The former Wabash Township trustee who was convicted of 21 counts of felony theft after she bought a camper and worked remotely across the country has had her convictions overturned by the Court of Appeals of Indiana.

Man gets 2.5 years for buying gun used to kill Chicago cop

December 15, 2022 | Associated Press

An Indiana man who pleaded guilty to making an illegal “straw” purchase of a handgun that was later used to kill a Chicago police officer was sentenced Wednesday to 2 1/2 years in prison.

Indiana boy, 15, charged as adult in woman’s fatal shooting

December 15, 2022 | Associated Press

A northern Indiana boy who was 14 when he was arrested for allegedly taking part in a drive-by shooting that killed a woman inside a home will be charged as an adult in the shooting.

Indiana auto crashes cost 900 lives, $8B annually, report says

December 15, 2022 | Indiana Capital Chronicle

Traffic crashes cost Indiana 930 lives in 2021 and more than $8 billion annually, according to a national report from Washington, D.C.-based Advocates for Highway and Auto Safety.

City seeks developer input on former Oaktree Apartments site in Indy

December 15, 2022 | Taylor Wooten, Indianapolis Business Journal

Developers have until Jan. 31 to respond to the request for information on the 19-acre former Oaktree Apartments site at the corner of 42nd Street and Post Road in Indianapolis.

State says IN Supreme Court must end ‘significant uncertainty’ created by ruling in RFRA challenge to abortion law

December 14, 2022 | Marilyn Odendahl

While preparing to defend the state’s abortion ban against a constitutional challenge now at the Indiana Supreme Court, Indiana is asking the justices to review a second challenge that claims the ban violates the state’s Religious Freedom Restoration Act.

Opinions Dec. 14, 2022

December 14, 2022

Court of Appeals of Indiana
Kevin D. Albertson and Pamela L. Albertson v. Richard Cadwell and Lisa Cadwell
22A-PL-782
Civil plenary. Affirms partial summary judgment awarded to Richard and Lisa Cadwell on Kevin and Pamela Alberton’s complaint for declaratory judgment seeking an easement of necessity on the Cadwells’ real property. Finds that because the parties agreed at the time of the conveyance of the new parcel that the Albertsons would not have an easement across the Cadwell property, the Albertsons’ claim to such an easement now fails as a matter of law. Also finds the Hendricks Circuit Corut did not err when it entered partial summary judgment for the Cadwells on the Albertsons’ alleged easement of necessity.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

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

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

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

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • List of new Indiana laws approved this year

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