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Opinions Feb. 23, 2023

February 23, 2023

Court of Appeals of Indiana
Timothy Stark v. State of Indiana
21A-PL-805
Civil plenary. Affirms the Marion Superior Court’s judgment against Timothy Stark in an action brought by the state of Indiana against Wildlife in Need and Wildlife in Deed Inc. Finds the trial court’s conclusion that Stark is personally liable for funds and assets misappropriated from WIN is not clearly erroneous.

Owner of defunct Charlestown zoo featured in ‘Tiger King’ loses liability appeal

February 23, 2023 | Olivia Covington

The owner of a now-defunct southern Indiana roadside zoo featured in Netflix’s “Tiger King” is liable for the funds he misappropriated from the zoo’s underlying nonprofit, the Court of Appeals of Indiana has affirmed.

AG Rokita confirms he will seek reelection in 2024

February 23, 2023 | Olivia Covington

Indiana Attorney General Todd Rokita has confirmed that he will seek reelection in 2024.

Republicans back bill for tighter Indiana mail voting rules

February 23, 2023 | Associated Press

Indiana voters would have to submit more identification information to obtain mail-in election ballots under a bill Republicans are advancing through the state Legislature.

Voter ID

Indiana lawmakers advance ban on all gender-affirming care

February 23, 2023 | Associated Press

A bill that now moves to the full state Senate would ban all gender-affirming care for Indiana minors.

Supreme Court seems to favor tech giants in terror case

February 23, 2023 | Associated Press

The U.S. Supreme Court seemed skeptical Wednesday of a lawsuit trying to hold social media companies responsible for a terrorist attack at a Turkish nightclub that killed 39 people.

SCOTUS rules for Arizona inmate in death penalty case

February 23, 2023 | Associated Press

The Supreme Court of the United States ruled Wednesday for a man on Arizona’s death row who wants a new sentencing hearing because jurors in his case were wrongly told that the only way to ensure he would never walk free was to sentence him to death.

Justices OK overtime pay for $200,000-a-year oil rig worker

February 23, 2023 | Associated Press

The U.S. Supreme Court ruled Wednesday that an energy company employee who earned more than $200,000 a year still qualified for overtime pay under a New Deal-era federal law meant to protect blue-collar workers.

COA: Dog sniff, car search did not violate woman’s constitutional rights, suppression not required

February 22, 2023 | Tyler Fenwick

A Shelbyville police officer did not violate a woman’s federal or state constitutional rights in a traffic stop that led to her being charged with dealing in methamphetamine, the Court of Appeals of Indiana has ruled.

Opinions Feb. 22, 2023

February 22, 2023

Court of Appeals of Indiana
April L. Chauncy v. State of Indiana
22A-CR-907
Criminal. Affirms the Shelby Superior Court’s denial of April Chauncy’s motion to suppress evidence found during an automobile she was a passenger in. Finds the trial court did not err in determining the police had reasonable suspicion to stop the vehicle.

Less than 2 weeks to submit 2023 Leadership in Law nominations

February 22, 2023 | IL Staff

Less than two weeks remain to submit nominations for Indiana Lawyer’s 2023 Leadership in Law Awards.

4th iteration of ‘noncompliant prosecutors’ bill advances out of Senate committee

February 22, 2023 | Olivia Covington

It’s a bill the Indiana Senate Corrections and Criminal Law Committee is well acquainted with. But this time, the effort to curb so-called “social justice prosecuting” has taken a new form.

Evansville man sentenced in drug case tied to Indiana motorcycle club

February 22, 2023 | Associated Press

A 37-year-old southern Indiana man has been sentenced to eight years in federal prison for his role in what authorities say was a large-scale conspiracy to distribute methamphetamine.

SCOTUS won’t revive lawsuit over NSA surveillance

February 22, 2023 | Associated Press

The Supreme Court of the United States on Tuesday declined to revive an American Civil Liberties Union lawsuit challenging a portion of the National Security Agency’s warrantless surveillance of Americans’ international email and phone communications.

Supreme Court won’t upset Arkansas anti-Israel boycott law

February 22, 2023 | Associated Press

The U.S. Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.

US to limit asylum to migrants who pass through a 3rd nation

February 22, 2023 | Associated Press

The Biden administration said Tuesday it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through.

COA reverses IURC’s approval of certain Duke Energy coal-ash cleanup costs

February 21, 2023 | Tyler Fenwick

The Indiana Utility Regulatory Commission shouldn’t have approved Duke Energy’s request to recover costs related to a federal environmental mandate for coal-ash cleanup that were incurred before the energy company received approval.

duke04-2col.jpg

APABA-IN hosting Lunar New Year CLE with sessions on wellness, former fertility doctor Cline

February 21, 2023 | IL Staff

The Asian Pacific American Bar Association of Indiana is hosting a continuing legal education event this week with sessions on disgraced fertility specialist Donald Cline and on how to think slowly while maintaining a fast-paced life.

IN justices agree to hear juvenile machine gun case

February 21, 2023 | Alexa Shrake

The Indiana Supreme Court granted transfer to one case out of 24 last week, agreeing to consider a case involving a teen who was adjudicated as a delinquent for possessing a machine gun.

Opinions Feb. 21, 2023

February 21, 2023

Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
21A-EX-2702
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.

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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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