Second round of COA interviews for Molter vacancy scheduled for Oct. 12
| IL Staff
A second round of interviews for the group of finalists vying for an opening on the Court of Appeals of Indiana has been scheduled for Oct. 12.
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Next DOC commissioner named as Carter joins Taft Law
Indiana Department of Correction Deputy Commissioner Christina Reagle has been promoted to the top post. That comes after current DOC Commissioner Rob Carter announced he is stepping down to take a position with Taft Stettinius & Hollister LLP.
US high court asked to undo Indiana Lake Michigan ruling
Three property owners with land along northwest Indiana’s Lake Michigan shoreline have asked the U.S. Supreme Court to undo a 2018 ruling by Indiana’s high court that declared the shoreline is owned by the state for the public’s enjoyment.
Former US Rep. Mark Souder dead at 72 after cancer battle
Mark Souder, a Republican who represented northeastern Indiana in Congress for more than 15 years, has died. He was 72.
Justice Jackson makes Supreme Court debut in brief ceremony
Justice Ketanji Brown Jackson made her first appearance on the Supreme Court bench in a brief courtroom ceremony Friday, three days before the start of the high court’s new term.
1/6 chairman: Ginni Thomas reiterates election fraud claims
Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, stood by the claim that the 2020 election was fraudulent during an interview Thursday with the House committee investigating the Jan. 6 insurrection, the panel’s chairman said.
COA finds utility company met TDSIC requirements
An attempt to short circuit the state’s approval of a power company’s plan to upgrade the system and increase rates through the TDIC mechanism was disrupted when the Court of Appeals of Indiana found the plan and the state regulators were grounded in statute.
Opinions Sept. 29, 2022
Court of Appeals of Indiana
Jerry C. Coleman v. State of Indiana
21A-CR-2877
Criminal. Affirms Jerry C. Coleman’s convictions of resisting law enforcement and unlawful possession or use of a legend drug as level 6 felonies. Finds Sgt. Chad Dick’s order to stop wasn’t unlawful or that Coleman’s Fourth Amendment rights were violated. Concludes that evidence of probative value was presented from which a reasonable jury could find Coleman was guilty beyond a reasonable doubt of resisting law enforcement as a level 6 felony.
COA: Officers didn’t violate motorcyclist’s Fourth Amendment rights during stop
A southern Indiana man who argued police conducted an illegal search and arrest on him because they were looking for a different man with a warrant couldn’t convince the Court of Appeals of Indiana his resisting law enforcement and drug possession charges should be dropped.
7th Circuit: Inmate found ‘too late’ in substituting placeholders with real names should have chance to amend some claims
An inmate who filed a suit against more than a dozen individuals using placeholders should have the chance to amend his claims against some of them, the 7th Circuit Court of Appeals has ruled.
Federal judge: Absentee voters with print disabilities can choose individual helping them
Ahead of early voting for the November general election, an Indiana federal judge has ordered that voters with print disabilities can choose who will assist them in marking their paper absentee ballots.
Split ABA ethics committee issues guidance on self-represented attorneys
| IL Staff
A divided American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion Wednesday seeking to clarify the interpretation of a model rule about self-represented lawyers’ communications with represented parties in a case.
Indiana well-positioned to legalize iGaming, state study says
Should Indiana legalize internet casino gambling, better known as iGaming, its introduction would be a “relatively smooth process,” bringing hundreds of millions in tax revenue, according to 103-page Indiana Gaming Commission report released Tuesday.
Regions Bank to refund $141M for illegal overdraft fees
Regions Bank for a second time in a decade was found charging illegal overdraft fees, the government said Wednesday, in a settlement that will require the bank to repay $141 million to customers and pay an additional $50 million in fees.
Smith & Wesson sued over link to July 4 parade mass shooting
Survivors of the mass shooting at a suburban Chicago Independence Day parade and family members of those killed filed 11 lawsuits Wednesday against the manufacturer of the rifle used in the attack.
White House: Late congresswoman ‘top of mind’ in Biden flub
President Joe Biden sought out deceased Rep. Jackie Walorski on Wednesday during remarks at a hunger conference, saying “Where’s Jackie?” The White House press secretary later said the congresswoman had been “top of mind” for the president at the time.
COA rejects state’s attempt to rush but sets quick pace in abortion appeal
The Court of Appeals of Indiana has denied the state’s motion to hurry up and reinstate the new abortion law that was overturned last week in the Monroe Circuit Court.
Statute of limitations correctly applied under Indiana Accountancy Act in tax dispute, COA affirms
The correct statute of limitations was applied in a dispute between an accountant and a business that claimed the accountant’s work resulted in it paying significantly more in federal and state taxes, the Court of Appeals of Indiana has ruled.
Appellate court splits in first impression ‘he said, she said’ child molesting case
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
COA: Contractor not liable for worker’s slip and fall
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
