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Juvenile ‘dangerous possession’ issue returns to Indiana Supreme Court

September 16, 2022 | IL Staff

The Indiana Supreme Court will again consider the reach of the juvenile courts when oral arguments bring a return of the question of jurisdiction in a case involving a minor who admitted to the delinquent act of dangerous possession of a firearm.

Opinions Sept. 16, 2022

September 16, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Daudi M. Mwangangi v. Taylor Nielsen, et al., and City of Lebanon, Indiana
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
21-1576, 21-1577 & 21-1971
Civil. Affirms entry of partial summary judgment for Daudi Mwangangi against officer Blayne Root as to the false arrest and against officer Frank Noland as to the second pat-down search. Reverses partial summary judgment for Mwangangi as to the challenge to Root’s pat-down and as to the alleged false arrest by officer Taylor Nielsen, Noland and Sgt. Ben Phelps. Vacates partial summary judgment for Mwangangi against Nielsen and Noland based on their alleged failures to intervene. Remands. Judge Frank Easterbrook concurs and Judge Thomas Kirsch dissents in part with separate opinions.

7th Circuit rules partially for defendant, officers, city in police-impersonation case

September 16, 2022 | Jordan Morey

The 7th Circuit Court of Appeals has affirmed, reversed and vacated multiple partial summary judgment awards for a man who was cleared of impersonating police and who later sued the officers who arrested him.

Ex-judge Bell enters pretrial diversion agreement following felony domestic battery charge

September 16, 2022 | IL Staff

A felony domestic battery charge against former Crawford Circuit Judge Sabrina R. Bell could be dismissed by next summer if she complies with the terms of a pretrial diversion agreement, which includes completing a domestic abuse intervention program.

Man convicted in hit-and-run that killed Columbus girl, 16

September 16, 2022 | Associated Press

A man has been convicted in the hit-and-run death of a 16-year-old Indiana high school student struck by his car last year as she prepared to board a school bus.

Mears says attorney general not representing Marion County’s interest in abortion lawsuit

September 16, 2022 | Marilyn Odendahl

In a battle that has broken out in one of Indiana’s abortion lawsuits, Marion County Prosecutor Ryan Mears is asserting Indiana Attorney General Todd Rokita is overstepping his authority and making allegations about the quality of work of the AG’s office.

Veteran NY judge named arbiter in Trump Mar-a-Lago probe

September 16, 2022 | Associated Press

A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter in the criminal investigation into the presence of classified documents at former President Donald Trump’s Florida home.

BP reaches $2.75M deal over Indiana refinery pollution

September 15, 2022 | Associated Press

Oil titan BP reached a $2.75 million settlement Thursday over air pollution from its largest refinery after environmentalists complained of repeated emissions violations at the Whiting facility in Indiana.

Democrats punt same-sex marriage vote until after election

September 15, 2022 | Associated Press

Democrats are punting a vote to protect same-sex and interracial marriages until after the November midterm elections, pulling back just days after Majority Leader Chuck Schumer vowed to put the Senate on the record on the issue “in the coming weeks.”

House OKs bill to curb political interference with census

September 15, 2022 | Associated Press

The U.S. House passed legislation Thursday intended to make it harder for presidents to interfere with the once-a-decade census that determines political power and federal funding.

First day of new abortion law brings diverse reactions

September 15, 2022 | Marilyn Odendahl

With Indiana’s new abortion ban in effect starting today, the state’s Democratic senators, representatives and candidates spent the day decrying the law passed by the Legislature earlier this summer while Republicans remained mostly quiet.

In Molter’s first arguments, IN Supreme Court considers voir dire questions

September 15, 2022 | Katie Stancombe

Given that the purpose of voir dire is to determine whether prospective jurors can be fair and impartial, shouldn’t denying a defendant the opportunity to directly question them be recognized as a violation of their rights?

CLE highlights benefits of commercial courts

September 15, 2022 | Jordan Morey

At the conclusion of the three-hour CLE, presenting judges and attorneys came to similar conclusions regarding the Indiana Commercial Courts: They’ve improved efficiency and lowered costs, but more lawyers and businesses should take advantage of them.

Opinions Sept. 15, 2022

September 15, 2022

Court of Appeals of Indiana
Tracey Wheeler v. Wendy Knight and Jay Hall (mem. dec.)
21A-SC-2211
Small claims. Affirms the small claims judgment in favor of Wendy Knight and Jay Hall in a dispute with Tracey Wheeler. Finds Wheeler is not entitled to a new trial based on his argument that he was informed of the trial date one day before trial, because he was offered a continuance and declined, he did not object to appearing by telephone or show that his appearance by telephone prevented him from testifying as to any matter, and the record demonstrates that the Madison Circuit Court provided adequate opportunity for him to present his testimony and argument and to respond to the defendants’ arguments. Also finds the evidence and small claims court do not reach opposite conclusions.

Trans girls’ sports ban: Rokita opposes Title IX changes, female athletes file amici brief supporting the state

September 15, 2022 | Jordan Morey

Efforts supporting a law restricting transgender girls from participating in girls’ K-12 sports continued this week, with Attorney General Todd Rokita opposing proposed Title IX changes and a group of female athletes filing a brief in support of the ban.

Sheriff: Inmate, jailer shared 949 phone calls before escape

September 15, 2022 | Associated Press

An Alabama inmate who authorities say escaped with the help of a jail supervisor who later killed herself in Indiana shared nearly 1,000 phone calls with the woman before the breakout, news outlets reported.

Justices side with LGBTQ group at Jewish university, for now

September 15, 2022 | Associated Press

The U.S. Supreme Court has cleared the way for an LGBTQ group to gain official recognition from a Jewish university in New York, though that may not last.

Abortion ban legislation adds to political challenge for GOP

September 15, 2022 | Associated Press

Don Bolduc didn’t have much time to celebrate winning the Republican nomination for Senate in New Hampshire on Wednesday before he and other swing-state GOP candidates were on the defensive.

‘Serial’ case: Prosecutors move to vacate Syed’s conviction

September 15, 2022 | Associated Press

Baltimore prosecutors asked a judge on Wednesday to vacate Adnan Syed’s conviction for the 1999 murder of Hae Min Lee — a case that was chronicled in the hit podcast “Serial.”

COA rules dispute over agreement with former Celadon Group must move to Delaware courts

September 14, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.

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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
  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • Delphi killer Richard Allen transferred to Oklahoma facility 

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

  • Indianapolis liquor stores lose permits after accusations of forged documents

  • Former WISH-TV chief meteorologist sues broadcasting company over noncompete agreement

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