Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.
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IndyBar: Guest Column: Moving Forward and Being Better Together
Writing this article has been weighing on my mind since President Gooden asked me to pinch-hit for her.
2022 in review: Honorable mentions
| IL Staff
While the “top stories” of each year are usually easy to define, there are always other stories that, while perhaps not as high-profile, are equally as important to our readers.
Wait, wait! You can’t tell your attorney that! SCOTUS prepares to examine attorney-client privilege for first time since 1981
The attorney-client privilege that gives business owners and individuals the confidence to speak freely with their lawyers is going to be reviewed by the U.S. Supreme Court on Jan. 9.
IndyBar: A Special Gift from IndyBar in December!
As a special thank you for joining or renewing your IndyBar membership for 2023 during the month of December, members will receive a free subscription to Indy Attorneys Network.
Maley: Rules matter in federal civil practice
Rules matter in federal civil practice, as recent decisions from the 7th Circuit Court of Appeals and district courts in Indiana confirm.
COA finds ‘extraordinary circumstances’ in spousal support, Medicaid dispute between wife, FSSA
The Indiana Family and Social Services Administration has prevailed before the Court of Appeals of Indiana in a dispute with a woman whose spousal support order increased the amount of Medicaid funding her incapacitated husband received.
Justices grant transfer to 1, deny 6
| IL Staff
Indiana justices granted transfer to one case last week, handing down an opinion while declining to review six other petitions for transfer.
Opinions Dec. 20, 2022
Kalanu Carter v. Ryan Carter
21A-DC-2395
Domestic relations with children. Affirms the Miami Superior Court’s grant of father Ryan Carter’s motion to reopen evidence after the final hearing in a dissolution action and the award of primary physical custody of minor child to Ryan. Reverses the trial court’s order that mother Kalanu Carter, as the noncustodial parent, pay $20 per week in child support. Finds the trial court did not abuse its discretion when it granted Ryan’s motion to reopen evidence or when it awarded him primary physical custody, but did abuse its discretion when it ordered Kalanu to pay $20 a week in child support. Remands with instructions for the trial court to enter an order that Kalanu is not required to pay child support because the adjustments to her child support obligation exceed the obligation.
Police, FBI plan update on Greenwood mall shooting
Five months after a 20-year-old man shot five people, three of them fatally, at a suburban Indianapolis mall, police and the FBI could shed light this week on the gunman’s motive.
COA rules noncustodial parent does not have to pay and will not receive child support
A weekly child support obligation that was ordered even after the calculation of the finances showed the noncustodial parent owed a negative amount has been reversed by the Court of Appeals of Indiana.
Notre Dame Law dean, Chapter 13 Trustee among bankruptcy fellows
| IL Staff
Notre Dame Law School Dean Marcus Cole and John Hauber, Chapter 13 Trustee for the Indiana Southern District, will be among the 39 new fellows inducted into the American College of Bankruptcy in March 2023.
Indiana Senate proposes reevaluating state’s tax structure
Some state senators are touting the possibility of reinventing Indiana’s tax structure to determine whether the state could eliminate individual and corporate income taxes.
Trump referral: What laws the Jan. 6 panel says were broken
The House Jan. 6 committee on Monday urged the Justice Department to consider prosecuting Donald Trump for four different crimes.
FTX founder agrees to extradition to US, attorney says
Sam Bankman-Fried may be ready to come to the U.S. to face criminal charges related to the collapse of cryptocurrency exchange FTX following a chaotic court appearance in the Bahamas.
Wells Fargo to pay $3.7B over consumer loan violations
Wells Fargo agreed to pay $3.7 billion to settle a laundry list of charges that it harmed consumers by charging illegal fees and interest on auto loans and mortgages, as well as incorrectly applied overdraft fees against savings and checking accounts.
COA: THC vape cartridges evidence enough to enhance hash oil conviction
A man who transported 2,500 THC vape cartridges across state lines will not have his dealing conviction overturned after the Court of Appeals of Indiana rejected his appellate arguments.
Judge pro tem appointed in Vermillion Circuit Court
| IL Staff
The Indiana Supreme Court has appointed a judge pro tem to Vermillion Circuit Court after the sitting judge resigned from her position last week.
COA reverses summary judgment over questions of employment status of deceased driver
A fatal 2017 traffic accident is headed back to the trial court after the Court of Appeals of Indiana found too many questions remain as to whether the driver alleged to have caused the collision was as an employee or contractor during the crash.
Opinions Dec. 19, 2022
Court of Appeals of Indiana
Tariq Fuad Hamdi v. State of Indiana
22A-CR-1324
Criminal. Affirms Tariq Fuad Hamdi’s conviction of Level 5 felony dealing in hash oil weighing at least 300 grams. Finds the evidence sufficient.