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Justices deny transfer in 24 cases, including case regarding conviction for crime defendant ‘did not commit’

December 9, 2022 | IL Staff

The Indiana Supreme Court denied transfer to 24 cases for the week ending Dec. 2, including one case that split the court.

2 appointed, 1 reappointed to Board of Law Examiners

December 9, 2022 | IL Staff

The Indiana Board of Law Examiners, which is responsible for administering the bar examination, is welcoming two new members from the private bar who will serve five-year terms.

Common Cause Indiana offers CLE examining call for code of ethics at SCOTUS

December 9, 2022 | IL Staff

The annual Good Government CLE hosted by Common Cause Indiana will focus on the U.S. Supreme Court and the push for the justices to adopt a code of ethics.

ICLEO accepting applications for 2023 program

December 9, 2022 | IL Staff

Applications are now being accepted for the Indiana Conference for Legal Education Opportunity, or ICLEO, program that begins in summer 2023.

Agency budget presentations document big needs

December 9, 2022 | Indiana Capital Chronicle

Requests for funding are up across the board for state agencies in their budget presentations before the State Budget Committee this week, especially for personnel, construction costs and technology services.

Opinions Dec. 9, 2022

December 9, 2022

Court of Appeals of Indiana
Great West Casualty Company, DTAK, LLC, and Matthew Ehlen v. Founders Insurance Company (mem. dec.)
22A-PL-1771
Civil plenary. Affirms the grant of summary judgment in favor of Founders Insurance Company declaring that Founders is not obligated to provider coverage under an automobile insurance policy procured by Brian K. Gates Jr. Finds Founders is entitled to judgment as a matter of law, and there is no genuine dispute of material fact. Also finds the LaPorte Superior Court did not err in granting summary judgment to Founders and denying summary judgment to Great West Casualty Company, DTAK LLC and Matthew Ehlen.

CJ Rush: ‘Rare and exceptional’ case ‘highlights the disparity’ in sentencing alternatives

December 9, 2022 | IL Staff

Indiana Supreme Court justices have split in denying transfer to a drug case, with the chief justice writing in dissent that the defendant’s maximum sentence should be reduced because he didn’t have access to problem-solving courts.

Columbus man gets 4 years in hit-and-run that killed girl, 16

December 9, 2022 | Associated Press

A man convicted in the hit-and-run death of a 16-year-old Indiana high school student struck by his car as she prepared to board a school bus was sentenced Thursday to four years in prison.

Bill protecting same-sex, interracial unions clears Congress

December 9, 2022 | Associated Press

The House gave final approval Thursday to legislation protecting same-sex marriages, a monumental step in a decadeslong battle for nationwide recognition that reflects a stark turnaround in societal attitudes.

Interracial marriages to get added protection under new law

December 9, 2022 | Associated Press

While much of the attention has been focused on protections for same-sex marriages, interracial couples say they are glad Congress also included protections for their marriages, even though their right to marry was well-established decades ago.

COA affirms Duke Energy must follow Noblesville’s ordinances

December 8, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana unplugged Duke Energy’s battle with Noblesville, rejecting the company’s arguments that only the IURC has authority over utility matters and finding the electric provider has to comply with the municipality’s ordinances.

Split COA orders suppression of evidence from traffic stop based on ‘inactive’ registration

December 8, 2022 | Jordan Morey

A man who was pulled over for having an “inactive” car registration has convinced a split Court of Appeals of Indiana panel that evidence stemming from the stop should be suppressed.

COA affirms judgment against buyer of used SUV with faulty brakes

December 8, 2022 | Jordan Morey

A man who bought a vehicle then sued the seller for damages because the brakes gave out while driving home from the sale will not receive any relief from the nearly $1,500 judgment against him.

fees

Opinions Dec. 8, 2022

December 8, 2022

Court of Appeals of Indiana
Avis Deforest White v. State of Indiana
22A-CR-978
Criminal. Reverses the denial of Avis Deforest White’s motion to suppress evidence stemming from a traffic stop. Finds the Indiana General Assembly has not made “inactive” registration an infraction, so the traffic stop was not justified by reasonable suspicion and was therefore impermissible. Judge Margret Robb dissents with separate opinion. 

Abortion doc voluntarily dismisses cases against AG Rokita

December 8, 2022 | IL Staff

The Indiana abortion doctor who sued Indiana Attorney General Todd Rokita to stop his investigation into consumer complaints filed against her is voluntary dismissing her complaint.

Indiana midterm election turnout drops 20%

December 8, 2022 | Indiana Capital Chronicle

Electorate engagement wasn’t as high as hoped, with just 41% of Indiana’s registered voters going to the polls for last month’s midterm elections — a nearly 20% drop in turnout from the 2018 midterms.

Indiana nets $15.7M settlement with e-cigarette manufacturer

December 8, 2022 | Indiana Capital Chronicle

As part of a multistate settlement, Indiana will receive $15.7 million from Juul Labs Inc., an e-cigarette manufacturer, over allegations that the business deliberately marketed its products to minors.

Counselor: Fort Wayne violated law by withholding Henry arrest records

December 8, 2022 | Associated Press

Fort Wayne officials violated Indiana’s public records laws by not releasing police body camera footage and other records related to the drunken driving arrest of the city’s mayor, the state’s public access counselor says.

West Terre Haute boy arrested after leaving school, stealing rifle

December 8, 2022 | Associated Press

An 11-year-old western Indiana student will face juvenile charges of pointing a firearm and theft after leaving school, stealing a rifle from a nearby home and pointing the weapon at police officers, a sheriff said Wednesday.

Indiana sues TikTok, citing safety, security concerns

December 8, 2022 | Associated Press

Indiana’s attorney general on Wednesday sued Chinese-owned social media app TikTok, claiming the video-sharing platform misleads its users, particularly children, about the level of inappropriate content and security of consumer information.

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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
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  • 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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