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Opinions March 3, 2023

March 3, 2023

Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.

7th Circuit affirms ‘crime of violence’ conviction

March 3, 2023 | Alexa Shrake

A man sentenced to 30 years after pleading guilty to a crime of violence has failed on his appeal to the 7th Circuit Court of Appeals.

COVID-related closures not ‘physical loss’ under insurance policy, 7th Circuit again affirms

March 3, 2023 | Alexa Shrake

Continuing a trend in Indiana courts, the 7th Circuit Court of Appeals has once again ruled that COVID-related business closures do not qualify as “physical losses” eligible for insurance coverage.

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Holcomb orders inspection of toxic material from Ohio

March 3, 2023 | Alex Brown, Inside Indiana Business

Gov. Eric Holcomb said Thursday he is ordering third-party testing of hazardous materials being transported from the East Palestine, Ohio, train derailment to a landfill in Putnam County.

Two-thirds of filed Senate bills dead, including immigrant help and marijuana legalization

March 3, 2023 | Indiana Capital Chronicle

Just one in three of the Indiana Senate’s filed bills — about 160 of 489 total — survived do-or-die deadlines this week.

GOP Indiana lawmaker joins race to replace Congressman Banks

March 3, 2023 | Associated Press

A Republican state senator entered the race Thursday to replace Rep. Jim Banks in the northeastern Indiana congressional seat that Banks is giving up for his bid to join the U.S. Senate.

Trump can be sued for Jan. 6 riot harm, Justice Dept. argues

March 3, 2023 | Associated Press

Former President Donald Trump can be sued by injured Capitol Police officers and Democratic lawmakers over the Jan. 6, 2021, insurrection at the U.S. Capitol, the Justice Department argued Thursday.

Alex Murdaugh gets life in prison in murder of wife, son

March 3, 2023 | Associated Press

South Carolina attorney Alex Murdaugh was sentenced to life in prison without parole Friday, a day after he was convicted of murder in the shooting deaths of his wife and son.

Former Dubois County nonprofit health care worker accused of embezzling $150K

March 2, 2023 | IL Staff

A former nonprofit health care worker in Jasper has been indicted on 12 counts of wire fraud and 12 counts of forging checks for an alleged scheme to embezzle more than $150,000, the U.S. Attorney’s Office for the Southern District of Indiana has announced.

Opinions March 2, 2023

March 2, 2023

Court of Appeals of Indiana
Matthew Joseph Frazier, Jr. v. State of Indiana (mem. dec.)
22A-CR-686
Criminal. Affirms Matthew Frazier’s conviction of attempted residential entry. Finds the state presented sufficient evidence in the Marion Superior Court to support Frazier’s conviction.

7th Circuit affirms enough information available to issue warrant in Indianapolis handgun case

March 2, 2023 | Daniel Carson

Indianapolis police had probable cause for a search warrant in a July 2020 case that resulted in a man’s federal felon-in-possession of a handgun charge, the 7th Circuit Court of Appeals ruled Wednesday.

‘Welcome to the Court of Appeals’: Judge Kenworthy’s robing ceremony marks Indiana history

March 2, 2023 | Alexa Shrake

Court of Appeals of Indiana Judge Dana Kenworthy’s robing ceremony on Wednesday afternoon was full of laugher and gratitude as she ceremonially took the judicial oath.

IN Supreme Court announces new Coalition for Court Access appointments

March 2, 2023 | IL Staff

The Indiana Supreme Court has appointed several new members to the Coalition for Court Access.

Owen Co. prosecutor appointed to Circuit Court

March 2, 2023 | IL Staff

The Owen County prosecutor has been appointed to the Circuit Court bench in his county, Gov. Eric Holcomb announced this week. Donald VanDerMoore II has been appointed to Owen Circuit Court 1, succeeding Judge Lori Thatcher Quillen, who retired in January.

Stifel sues rival financial firm over mass exodus from Indianapolis office

March 2, 2023 | Susan Orr, Indianapolis Business Journal

St. Louis-based Stifel, Nicolaus & Co. Inc is suing a newly formed Indianapolis firm, Sapient Capital LLC, following what Stifel describes as Sapient’s “orchestrated raid” of Stifel’s 96th Street office.

Ex-U.S. Rep. Buyer of Indiana goes on trial over stock buys

March 2, 2023 | Associated Press

Former U.S. Rep. Steve Buyer of Indiana went on trial Wednesday on insider trading charges, accused of illegally garnering stock windfalls by exploiting his consulting clients’ corporate secrets years after he left Congress.

New NCAA president says NIL rules could protect athletes

March 2, 2023 | Associated Press

As Charlie Baker takes over as NCAA president, he brings a different way of thinking about one of the most important and polarizing issues in college athletics: regulating how student-athletes monetize their fame.

U.S. Supreme Court keeps wetland damage lawsuits in state courts

March 2, 2023 | Associated Press

A lawsuit against oil and gas companies over damage to Louisiana’s wetlands will remain in state court, the U.S. Supreme Court said, rejecting an appeal by major energy companies who wanted to get the case moved to a federal court.

Supreme Court seems to favor Jersey in dispute with New York

March 2, 2023 | Associated Press

The U.S. Supreme Court seemed ready Wednesday to allow New Jersey to withdraw from a commission the state created decades ago with New York to combat the mob’s influence at their joint port.

COA: Common law duty of good faith doesn’t extend to surety-obligee relationship

March 1, 2023 | Tyler Fenwick

The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.

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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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