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Opinions Sept. 22, 2022

September 22, 2022

Court of Appeals of Indiana
In Re: Petition to Docket Trust of Mary Ruth Moeder Susan Moeder v. Robert W. York, Temporary Successor Trustee of the Irrevocable Trust of Mary Ruth Moeder
21A-TR-2522
Trust. Affirms the Marion Superior Court’s imposition of attorney fees on Susan Moeder and a finding that her latest request for trust information violated an agreement between the parties that she refrain from such conduct. Finds the trial court did not erroneously limit Susan’s access to trust information. Also finds Susan’s arguments attacking the judgment are frivolous and reflect her continuing bad faith. Finally, finds Susan has offered no non-frivolous grounds for setting aside the attorney fees award. Remands for a determination of the trust’s appellate attorney fees to be paid by Susan. 

Trial court blocks enforcement of Indiana’s new abortion law

September 22, 2022 | Marilyn Odendahl

Seven days after Indiana’s near-total abortion ban took effect, the Monroe Circuit Court granted a preliminary injunction Thursday blocking the state from enforcing the new law.

Funeral Monday for Indiana officer shot during traffic stop

September 22, 2022 | Associated Press

The public funeral for an eastern Indiana police officer who died Sunday night after being shot in the head during a traffic stop will be held next week at a high school, her department said.

Man convicted of shooting 2 Indiana judges in White Castle parking lot brawl

September 22, 2022 | Associated Press

A man who shot and wounded two southern Indiana judges outside an Indianapolis fast food restaurant in 2019 was convicted Wednesday on seven of eight felonies and one misdemeanor after a three-day trial.

Ex-coach’s Nassar-related conviction will not be reinstated

September 22, 2022 | Associated Press

The Michigan Supreme Court turned down an appeal Wednesday and won’t reinstate the conviction of a retired Michigan State University gymnastics coach who was accused of lying to investigators about campus sports doctor Larry Nassar.

Split COA reverses protective order against father in ‘close case’

September 21, 2022 | Katie Stancombe

An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.

COA finds ‘shall’ is unambiguous in requirements for solar farm application

September 21, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana has affirmed that the plug must be pulled on the first phase of what has been described as one of the largest commercial solar farms.

Indiana legislators hear testimony for, against legalizing marijuana

September 21, 2022 | Indiana Capital Chronicle

Lawmakers considered the advantages and shortcomings of legalizing certain cannabinoids Tuesday, potentially as a precursor to legalizing the plant itself for recreational use.

IU Health Fort Wayne president appointed to replace Yakym on JNC

September 21, 2022 | IL Staff

Indiana Gov. Eric Holcomb has selected the president of Indiana University Health Fort Wayne as the newest member of the Indiana Judicial Nominating Commission.

Clarksville man faces prison time for $1M tax fraud scheme

September 21, 2022 | Wes Mills, Inside INdiana Business

A Clarksville-based private investigator has been sentenced to nine months in federal prison after pleading guilty to a $1 million tax fraud scheme.

Opinions Sept. 21, 2022

September 21, 2022

Court of Appeals of Indiana
S.D. v. G.D.
22A-PO-521
Protective order. Reverses the Starke Circuit Court’s order of protection against S.D. in favor of G.D. Finds insufficient evidence to establish that S.D. represents a present, credible threat to G.D.’s safety or the safety of their child, H.D. Also finds the trial court erred in not balancing any need for protection against the burden imposed by the protective order. Judge Robert Altice dissents with separate opinion.

NY attorney general sues Donald Trump, his company

September 21, 2022 | Associated Press

New York’s attorney general sued former President Donald Trump and his company on Wednesday, alleging business fraud involving some of their most prized assets, including properties in Manhattan, Chicago and Washington, D.C.

Prosecutor Mears, foe Carrasco face off over Indy crime

September 21, 2022 | Taylor Wooten, Indianapolis Business Journal

In a political panel at Castleton United Methodist Church on Tuesday evening, the two candidates for Marion County prosecutor clashed over how the office should be run.

House to vote on election law overhaul in response to Jan. 6

September 21, 2022 | Associated Press

The House will vote on an overhaul of a centuries-old election law, an effort to prevent presidential candidates from trying to subvert the popular will.

US: 48 exploited pandemic to steal $250M from food program

September 21, 2022 | Associated Press

United States authorities charged 48 people in Minnesota with conspiracy and other counts in what they said Tuesday was the largest pandemic-related fraud scheme yet, stealing $250 million from a federal program that provides meals to low-income children.

Ex-cop Lane gets 3 years in plea deal for aiding Floyd death

September 21, 2022 | Associated Press

A former Minneapolis police officer who pleaded guilty to a state charge of aiding and abetting second-degree manslaughter in the killing of George Floyd was sentenced Wednesday to three years.

Arbiter in Trump docs probe signals intent to move quickly

September 21, 2022 | Associated Press

The independent arbiter tasked with inspecting documents seized from former President Donald Trump’s home said he intends to push briskly through the process and appeared skeptical of the Trump team’s reluctance to say whether the records were declassified.

Supreme Court accepts case raising questions of collateral estoppel and claim splitting

September 20, 2022 | IL Staff

A unanimous Indiana Supreme Court has granted transfer to a personal injury case brought by a severely and permanently injured woman which is raising questions of whether subsequent litigation can be filed against a group of defendants when other defendants have already been held liable.

Judges involved in 2019 White Castle shooting testify, gory details revealed

September 20, 2022 | Olivia Covington

In bloody, emotional, and never-before-seen or heard detail, Indiana judges involved in the 2019 shooting at an Indianapolis White Castle testified on Monday and Tuesday in Marion Superior Judge Shatrese Flowers’ courtroom.

Trump legal team balks at judge’s declassification questions

September 20, 2022 | Associated Press

Donald Trump’s legal team has told a newly appointed independent arbiter that it does not want to answer his questions about the declassification status of the documents seized last month from the former president’s Florida home, saying that issue could be part of Trump’s defense if he’s indicted.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Howard County judge permanently banned from judicial service

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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