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EXPLAINER: Why Dutch soldiers were at Indiana military camp

August 30, 2022 | Associated Press

Before three Dutch soldiers were shot, one fatally, in downtown Indianapolis, they were training in a southern Indiana military camp where international soldiers enter highly specialized urban combat simulations they might not be able to get in their own country.

One year in, 30 charged in Indiana as part of Chicago effort to disrupt flow of illegal firearms

August 29, 2022 | IL Staff

U.S. Attorney for the Northern District of Illinois John R. Lausch Jr. provided an update on the work of the cross-jurisdictional Firearms Trafficking Strike Force last week, which noted 30 individuals are facing charges in Indiana — more than any other state participating in the effort.

Opinions, Aug. 29, 2022

August 29, 2022

Court of Appeals of Indiana
David Bugay, et al. v. Jeffrey DeBoy, et al. (mem. dec.)
21A-PL-01667
Civil Plenary. Affirms the Tippecanoe Circuit Court’s judgment in favor of Jeffrey DeBoy and JBC Buildings, Inc. against David Bugay and Rolling Maul, LLC, for $139,601.98. Finds the trial court did not err when it declined to decrease DeBoy’s unjust enrichment award based on construction defects because Bugay had settled his defects crossclaim for $150,000 and dismissed that crossclaim with prejudice. Rules the trial court did not err when it refused to award DeBoy monies for disgorgement of profits from Legacy Sports Club.

7th Circuit holds immigrant failed to argue the merits of his claim

August 29, 2022 | Marilyn Odendahl

The 7th Circuit Court of Appeals has denied an Eritrea immigrant’s attempt to become a naturalized citizen, holding he had waived his arguments at the appellate level because he focused on the procedure for processing his application rather than on the merits of his claim.

IN Supreme Court revokes judge pro tem appointment

August 29, 2022 | IL Staff

A senior judge has resigned from his appointment as a temporary judge in Hancock County after a month on the job.

Legal professionals celebrate musical talent during IndyBar Foundation’s first talent show

August 29, 2022 | Katie Stancombe

More than a dozen Indiana lawyers, judges and law professors performed on stage at the Indianapolis Bar Foundation’s first “IndyBar’s Got Talent” event Saturday evening.

Judge plans to appoint special master in Trump records case

August 29, 2022 | Associated Press

A federal judge in Florida told the Justice Department on Saturday to provide her with more specific information about the classified records removed from former President Donald Trump’s Florida estate and said it was her “preliminary intent” to appoint a special master in the case.

EPA waives fuel rule in 4 states after Indiana refinery fire

August 29, 2022 | Associated Press

The Environmental Protection Agency temporarily lifted a federal rule for fuel sales in four states in response to a fire last week at an Indiana oil refinery that could affect prices and supply.

Dutch soldier shot in Indianapolis dies of his injuries

August 29, 2022 | Associated Press

One of three Dutch soldiers wounded in a shooting outside a hotel in downtown Indianapolis over the weekend has died, the Defense Ministry said Monday.

Product-liability lawsuits against 3M can proceed, Indianapolis judge rules

August 29, 2022 | Susan Orr, Indianapolis Business Journal

Indianapolis-based Aearo Technologies LLC’s recent bankruptcy filing won’t shield its corporate parent 3M Co. from the massive flood of product-liability lawsuits over Aeros’ military earplugs, a judge has ruled.

Justice David urges courts to do more to ensure defendants understand plea agreements

August 26, 2022 | IL Staff

In a pair of opinions dissenting from the Indiana Supreme Court’s denial of transfer to two cases involving plea deals, Justice Steven David asserted the records are  “simply inadequate” to show that the defendants knowingly and voluntarily waived their rights to appeal.

Opinions Aug. 26, 2022

August 26, 2022

Court of Appeals of Indiana
Indiana State Police and State of Indiana v. The Estate of Michael M. Damore

21A-CT-2536
Civil tort. Reverses a ruling in favor of the Estate of Michael M. Damore, who was killed in a vehicle accident involving Indiana State Police. Finds the Lake Superior Court abused its discretion by excluding evidence of Michael’s driving behavior in the minutes before the collision and by striking the entirety of the defendant’s expert’s testimony based on a minor violation of the motion in limine that posed no serious risk of prejudice to the estate. Finds the trial court erred in failing to give some of the defendant’s propose jury instructions. Finally, concludes that insufficient evidence was presented to establish that Michael’s mother was his dependent for purposes of the General Wrongful Death Statute, and her recovery must therefore be limited to the amounts permitted by the Adult Wrongful Death Statute.

COA reverses hundreds in fees imposed upon thief

August 26, 2022 | Jordan Morey

A Clay County man will not have to pay a pair of fees imposed upon him by a trial court following his conviction of theft after the Court of Appeals of Indiana determined neither of the fees were authorized by statute.

COA: Ex-husband rightfully granted motion to enforce settlement, owed appellate attorney fees

August 26, 2022 | Jordan Morey

A woman who didn’t comply with the settlement agreement in her dissolution of marriage decree has failed to convince the Court of Appeals of Indiana that a trial court erred in granting a motion to enforce settlement.

Reversal: COA finds key evidence excluded in fatal crash case involving motorcyclist, state police

August 26, 2022 | Katie Stancombe

The estate of a motorcyclist who was killed after colliding with an Indiana State Police vehicle while exiting an Indiana tollbooth faced a reversal after the Court of Appeals of Indiana concluded evidence of his high-speed chase with police just before the fatal accident was wrongly excluded from trial.

Indiana panel to consider driving cards for undocumented immigrants

August 26, 2022 | Peter Blanchard, Indianapolis Business Journal

For the roughly 100,000 undocumented immigrants living in Indiana, getting a driver’s license isn’t possible. Some Hoosier lawmakers are looking to change that.

Boy, 16, fatally shot at Greenwood bus stop

August 26, 2022 | Associated Press

Authorities have made an arrest in the fatal shooting of a 16-year-old boy who was gunned down Thursday morning in Greenwood while waiting  at a school bus stop by an assailant who fled the scene on foot, officials said.

Student loan crisis awaits new generation despite Biden plan

August 26, 2022 | Associated Press

For millions of Americans, President Joe Biden’s student loan cancellation offers a life-changing chance to escape the burden of debt. But for future generations of students, it doesn’t fix the underlying reason for the crisis: the rising cost of college.

FBI affidavit shows concerns about documents at Trump estate

August 26, 2022 | Associated Press

Fourteen of the 15 boxes recovered from former President Donald Trump’s Florida estate early this year contained documents with classification markings, including at the top secret level, according to an FBI affidavit released Friday explaining the justification for this month’s search of the property.

7th Circuit denies request for en banc hearing in transgender sports lawsuit

August 25, 2022 | Jordan Morey

A request by the state for the entire 7th Circuit Court of Appeals to hear a case challenging a new Indiana law that prohibits transgender girls from participating in K-12 girls’ sports has been denied.

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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
  • Former credit union manager indicted on fraud charges

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

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Indianapolis liquor stores lose permits after accusations of forged documents

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