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Uvalde school board to consider firing district police chief

August 24, 2022 | Associated Press

Uvalde’s embattled school police chief on Wednesday could become the first officer to lose his job over the hesitant response by hundreds of heavily armed law enforcement personnel during the May massacre at Robb Elementary School.

Renowned trial consultant headlining ISBA Litigation Symposium

August 23, 2022 | IL Staff

An expert trial consultant who has worked on high-profile cases such as those involving O.J. Simpson, Casey Anthony, Aaron Hernandez, Phil Spector, Enron, Whitewater and Kwame Kilpatrick will speak later this week in Carmel.

7th Circuit affirms for city of Indianapolis in bar brawl involving off-duty officers

August 23, 2022 | Katie Stancombe

A man who was knocked out by two off-duty Indianapolis police officers during a bar fight and was initially awarded more than $1 million in damages against the city could not convince the 7th Circuit Court of Appeals that the municipality should be held vicariously liable for its employees’ actions.

Opinions Aug. 23, 2022

August 23, 2022

Court of Appeals of Indiana
Robert Eugene Smith, Jr. v. State of Indiana
21A-CR-2493
Criminal. Affirms the Hendricks Superior Court’s denial of Robert Eugene Smith Jr.’s motion to dismiss the charging information alleging he committed two counts each of Level 5 felony failure to register as a sex or violent offender and Level 6 felony failure to register as a sex or violent offender. Finds that although Smith’s motion was timely, he was under a lifetime obligation to register as a sex offender at the time of the alleged offenses. Also finds the 2007 amendment to Indiana Code § 11-8-8-19 did not retroactively apply to Smith, and he is not similarly situated to sex offenders who committed their crimes under a different statutory regime than he did. Finally, finds Smith’s lifetime registration obligation follows from Indiana Code, and a letter from the Johnson County Sheriff does not remove that obligation.

Lifetime registration affirmed for sexual offender despite statute change

August 23, 2022 | Katie Stancombe

A man required to register as a sex offender for the rest of his life after committing sexual battery did not convince the Court of Appeals of Indiana that a later amendment overhauling Indiana’s registration requirement for the same crime should apply to his case.

2 men convicted in plot to kidnap Michigan Gov. Whitmer

August 23, 2022 | Associated Press

A jury on Tuesday convicted two men of conspiring to kidnap Michigan Gov. Gretchen Whitmer in 2020, a swift victory for prosecutors in a plot that was broken up by the FBI and described as a rallying cry for a U.S. civil war by anti-government extremists.

COA: Wife’s testimony provided ‘rational basis’ under Indiana Evidence Rule 701

August 23, 2022 | Marilyn Odendahl

A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.

COA reverses teen’s intimidation adjudication for insufficient evidence

August 23, 2022 | Jordan Morey

A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.

Trump seeks special master to review Mar-a-Lago documents

August 23, 2022 | Associated Press

Lawyers for former President Donald Trump asked a federal judge Monday to halt the FBI’s review of documents recovered from his Florida estate earlier this month until a neutral special master can be appointed to inspect the records.

What’s the ‘speech or debate’ clause cited in Georgia probe?

August 23, 2022 | Associated Press

Sen. Lindsey Graham is holding up the Constitution’s “speech or debate” clause as a shield as he tries to avoid testifying before a special grand jury that’s investigating whether former President Donald Trump and others tried to illegally influence the 2020 election in Georgia.

Federal judge dismisses investors’ complaint against Elanco alleging ‘channel stuffing’

August 22, 2022 | John Russell, Indianapolis Business Journal

A federal judge has dismissed, for now, an investors’ securities suit against Elanco Animal Health that claimed the Greenfield-based company defrauded shareholders by “stuffing” product distribution channels far in excess of customers’ demands.

Indy FOP confidence vote reveals very little law enforcement support for Marion County prosecutor, courts

August 22, 2022 | Katie Stancombe

Two questions posed to hundreds of central Indiana police officers in a vote of confidence have revealed bare-bones support for the Marion County prosecutor and Marion County court system, according to an announcement from the Indianapolis Fraternal Order of Police, Lodge #86.

Opinions Aug. 22, 2022

August 22, 2022

Court of Appeals of Indiana
Michael Whitaker v. State of Indiana (mem. dec.)
21A-CR-2268
Criminal. Affirms Michael Whitaker’s convictions of Level 6 felony driving while intoxicated endangering a person and Class B misdemeanor leaving the scene of an accident. Vacates Whitaker’s conviction of Level 6 felony driving with an alcohol concentration equivalent over .15 on double jeopardy grounds. Finds the state presented sufficient evidence that Whitaker operated his vehicle. Also finds the Whitley Superior Court did not abuse its discretion when it admitted photographs of items found in Whitaker’s car because those items were found in plain view by an officer who had been called to an accident scene and their connection to criminal activity was immediately apparent.

Court puts on hold Graham’s testimony in Ga. election probe

August 22, 2022 | Associated Press

A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.

Indiana gets boost in DOJ funding to help sexual assault victims

August 22, 2022 | IL Staff

Indiana is receiving nearly $700,000 as part of a U.S. Department of Justice grant that will be divided among agencies and nonprofits around the state to help support victims of sexual assault.

Fauci, top infectious disease expert, to retire in December

August 22, 2022 | Associated Press

Dr. Anthony Fauci, the nation’s top infectious disease expert who became a household name — and the subject of partisan attacks — during the COVID-19 pandemic, announced Monday he will depart the federal government in December after more than five decades of service.

Public comments sought on proposed federal rule changes

August 22, 2022 | IL Staff

The federal judiciary is requesting public comment on proposed changes to numerous federal appellate, bankruptcy, civil procedure and evidence rules.

2022 Corporate Counsel Guide going live Dec. 7

August 22, 2022 | IL Staff

Indiana Lawyer’s new and improved Corporate Counsel Guide is now scheduled to go live on Wednesday, Dec. 7.

Panel to recommend what could be next for marijuana

August 22, 2022 | Peter Blanchard, Indianapolis Business Journal

Marijuana advocates have little hope of persuading a legislative study committee to recommend legalization of the drug in Indiana this year, but they are hopeful the committee’s work could set up a regulatory system to oversee its decriminalization in the not-too-distant future.

3rd attempted murder charge filed in shooting of Indiana cop

August 22, 2022 | Associated Press

Prosecutors have filed a third attempted murder charge against a man accused of shooting an eastern Indiana police officer in the head during a traffic stop and search for possible narcotics.

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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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