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Opinions Aug. 25, 2022

August 25, 2022

Court of Appeals of Indiana
Mark Alan Hurley v. State of Indiana (mem. dec.)
22A-CR-298
Criminal. Affirms Mark Alan Hurley’s conviction of Level 6 felony battery on a person less than 14 years of age by a person over 18 years of age. Finds the totality of the evidence was sufficient to sustain the conviction.

JNC to interview 12 COA candidates next month

August 25, 2022 | IL Staff

The Indiana Judicial Nominating Commission will interview 12 applicants next month to fill an upcoming vacancy on the Court of Appeals of Indiana.

Franklin man federally charged with manufacturing, selling ‘ghost guns,’ Glock switches

August 25, 2022 | IL Staff

A Franklin man has been charged with manufacturing and selling 3D-printed “ghost guns” and firearm conversion pieces, the Indiana Southern District U.S. Attorney’s Office announced this week.

Coalition for Court Access gets structural upgrade under Indiana Supreme Court order

August 25, 2022 | IL Staff

The Coalition for Court Access, which oversees Indiana’s civil legal aid programs, is making changes to its structure by expanding the number of members, giving the Indiana State Bar Association the ability to make appointments and eliminating the 12 district committees.

Legality of student loan plan relies on pandemic, 2003 law

August 25, 2022 | Associated Press

The Biden administration is tying its authority to cancel student debt to the coronavirus pandemic and to a 2003 law aimed at providing help to members of the military. Legal challenges are expected.

Memo sheds light on decision to clear Trump in Russia probe

August 25, 2022 | Associated Press

Justice Department officials who evaluated then-President Donald Trump’s actions during the Russia investigation concluded that nothing he did, including firing the FBI director, rose to the level of obstruction of justice and that there was no precedent for a prosecution, according to a memo released Wednesday.

Idaho can’t enforce abortion ban in medical emergencies

August 25, 2022 | Associated Press

A federal judge in Idaho has barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates a federal law on emergency care.

Uvalde school police chief fired for response to shooting

August 25, 2022 | Associated Press

The Uvalde school district has fired police chief Pete Arredondo under mounting pressure in the grieving Texas town to punish officers over the law enforcement response to the deadly elementary school massacre in which a man armed with an AR-15-style rifle remained in a fourth-grade classroom for more than an hour, killing 19 children and two teachers.

Indiana Supreme Court tosses decades-old precedent protecting police work product

August 24, 2022 | Marilyn Odendahl

The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.

In ‘rare circumstances,’ split COA reverses denied PCR petition for man convicted of drug crime he didn’t commit

August 24, 2022 | Katie Stancombe

Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.

Opinions Aug. 24, 2022

August 24, 2022

Court of Appeals of Indiana
Ernest Ray Snow, Jr. v. State of Indiana, Bureau of Motor Vehicles
22A-IF-471
Infraction. Affirms the Marion Superior Court’s grant of relief from judgment for the Indiana Bureau of Motor Vehicles in a dispute with Ernest Ray Snow Jr. Finds Indiana Code § 34-28-5-15(b) does not apply to the BMV because the agency isn’t a case management system. Also finds the trial court did not err.

Suicidal man who killed motorist in head-on collision to keep murder conviction

August 24, 2022 | Katie Stancombe

A man who drove into oncoming traffic as part of a suicide attempt, killing another motorist, has failed to convince the Court of Appeals of Indiana to overturn his murder conviction.

COA: BMV can share infraction conviction info

August 24, 2022 | Jordan Morey

Per Indiana Code, the Indiana Bureau of Motor Vehicles isn’t prohibited from disclosing records or information about traffic infraction convictions, the Court of Appeals of Indiana has affirmed.

Settlement proposed for downtown hotel’s $1M Spring League lawsuit

August 24, 2022 | Mickey Shuey, Indianapolis Business Journal

The owner of a downtown hotel is asking a Marion County court to enforce a settlement agreement it reached with a developmental football league that has failed to pay a nearly $1 million bill from its stay in Indianapolis last spring.

2 teens arrested in drive-by killing of northern Indiana woman, 28

August 24, 2022 | Associated Press

Two teenage boys have been arrested in a June drive-by shooting that sent bullets flying into a northern Indiana home, killing a woman who was one of several people inside.

Big student loan forgiveness plan announced by Biden

August 24, 2022 | Associated Press

President Joe Biden on Wednesday announced his long-awaited plan to deliver on a campaign promise to provide $10,000 in student debt cancellation for millions of Americans — and up to $10,000 more for those with the greatest financial need — along with new measures to lower the burden of repayment for their remaining federal student debt.

Judge blocks enforcement of Biden abortion guidance in Texas

August 24, 2022 | Associated Press

A federal judge in Texas temporarily blocked the federal government from enforcing a legal interpretation that would require hospitals in the state to provide abortion services if the life of the mother is at risk.

Indiana Democrats confirm candidate to replace Rep. Walorski

August 24, 2022 | Associated Press

Democrat Paul Steury has been confirmed as the party’s candidate for the special election to complete the congressional term of Republican U.S. Rep. Jackie Walorski following her death in a northern Indiana highway crash.

Former Louisville cop pleads guilty in Breonna Taylor case

August 24, 2022 | Associated Press

A former Louisville police detective who helped falsify the warrant that led to the deadly police raid at Breonna Taylor’s apartment has pleaded guilty to a federal conspiracy charge.

More than 100 classified Trump docs recovered back in Jan.

August 24, 2022 | Associated Press

The National Archives and Records Administration recovered more than 100 documents bearing classified markings, totaling more than 700 pages, from an initial batch of 15 boxes retrieved from Mar-a-Lago earlier this year, according to newly public government correspondence with the Trump legal team.

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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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