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Trial court finds no wrongdoing, rules for Indiana Treasurer Mitchell, Ice Miller and other defendants

October 25, 2022 | Marilyn Odendahl

A Marion Superior Court has dismissed the whistleblower lawsuit filed against Indiana Treasurer Kelly Mitchell and a slew of other defendants, including the law firm Ice Miller.

Opinions Oct. 25, 2022

October 25, 2022

Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.

Indiana Lt. Gov. Crouch returns from COVID-19 infection

October 25, 2022 | Associated Press

Indiana Lt. Gov. Suzanne Crouch resumed public events on Tuesday after tests confirmed she had recovered from a COVID-19 infection, her office said.

COA allows suppression of drugs found in purse based on constitutional violations

October 25, 2022 | Olivia Covington

A woman who was criminally charged after drugs were found in her purse as part of a search of someone else’s home has convinced the Court of Appeals of Indiana that the drug evidence should be suppressed.

Reversal: Trial court breached contract when it revoked pretrial diversion agreement

October 25, 2022 | Jordan Morey

The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.

JNC sends 3 finalists to governor for COA appointment replacing Molter

October 25, 2022 | IL Staff

Indiana Gov. Eric Holcomb now has the names of the three finalists chosen by the state’s Judicial Nominating Commission to fill a vacancy on the Court of Appeals of Indiana left by now-Justice Derek Molter. Holcomb has until Dec. 22 to make his selection.

Which states put marijuana on the ballot in 2022?

October 25, 2022 | Associated Press

Recreational marijuana could be legal in half the country if the handful of states with cannabis measures on ballots this November pass them.

USPS honoring late Justice Ruth Bader Ginsburg with stamp

October 25, 2022 | Associated Press

The U.S. Postal Service is honoring the late Supreme Court Justice Ruth Bader Ginsburg as “an icon of American culture” with a stamp in the new year.

Russian court rejects Griner appeal against 9-year sentence

October 25, 2022 | Associated Press

A Russian court on Tuesday upheld the nine-year prison sentence handed to American basketball star Brittney Griner for drug possession, rejecting her appeal.

Indiana man gets 5 years in prison on Capitol riot charges

October 25, 2022 | Associated Press

A central Indiana man has been sentenced to prison after pleading guilty to carrying a loaded gun on the Capitol grounds and assaulting police during the Jan. 6, 2021, riot at the U.S. Capitol.

HHC sued for Open Door violation in Talevski case

October 24, 2022 | Marilyn Odendahl

A lawsuit has been filed against the members of the Health & Hospital Corporation of Marion County Board of Trustees for violating Indiana’s Open Door Law in appealing a nursing home dispute to the U.S. Supreme Court.

Opinions Oct. 24, 2022

October 24, 2022

Court of Appeals of Indiana

People for Community, Inc./PFC, Isaac Fincher v. City of Fort Wayne Neighborhood Code Compliance
22A-MI-447
Miscellaneous. Affirms the dismissal of the complaint filed by Rev. Isaac Fincher in Allen Circuit Court on behalf of People for Community Inc. Finds PFC’s argument fails on the merits because the trial court gave PFC ample opportunities to secure counsel. Concludes the COA cannot say that the trial court abused its discretion by failing to give PFC even more time to secure counsel as it gave PFC ample time to do so.

COA holds video evidence of little use to defendant

October 24, 2022 | Marilyn Odendahl

Video from a domestic violence incident at a liquor store would likely not have helped a South Bend man avoid a felony conviction and revocation of his probation, the Court of Appeals of Indiana has ruled.

COA: Confusion at sentencing not enough for post-conviction relief

October 24, 2022 | Marilyn Odendahl

A Marion County man who learned at his hearing that, contrary to his attorneys’ advice, 10 years of his sentence was non-suspendable will still have to serve his time.

Divided COA reverses CHINS adjudications

October 24, 2022 | Katie Stancombe

A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.

COA: Pastor’s complaint seeking to stop demolition rightfully dismissed

October 24, 2022 | Jordan Morey

A Fort Wayne pastor who filed a complaint to stop the city from demolishing a building on his nonprofit’s property didn’t have authority to represent the organization in court, the Court of Appeals of Indiana has affirmed.

US Attorney Myers appoints district election officer for general election

October 24, 2022 | IL Staff

An assistant United States Attorney for the Southern District of Indiana will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day Program for the upcoming general election.

Athlete advocacy group files complaint with DOJ against NCAA

October 24, 2022 | Associated Press

An organization calling for reform in college sports has filed a complaint with the U.S Justice Department against the NCAA, accusing those involved with the governing body of violating antitrust laws by capping compensation to athletes.

ncaa-building-2col.jpg

Approach to fighting crime divides candidates for prosecutor

October 24, 2022 | Taylor Wooten, Indianapolis Business Journal

Marion County voters will have a distinct choice to make for prosecutor when they go to the polls on Nov. 8. Democratic Prosecutor Ryan Mears and Republican challenger Cyndi Carrasco couldn’t be further apart on some key issues.

Court temporarily blocks Biden’s student loan forgiveness

October 24, 2022 | Associated Press

A federal appeals court late Friday issued an administrative stay temporarily blocking President Joe Biden’s plan to cancel billions of dollars in federal student loans, throwing the program into limbo.

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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
  • 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

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

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Indianapolis liquor stores lose permits after accusations of forged documents

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