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Rudy Yakym gets GOP nod to replace late US Rep. Walorski

August 22, 2022 | Associated Press

Indiana Republicans on Saturday picked Rudy Yakym to replace U.S. Rep. Jackie Walorski on the November ballot, after Yakym won the endorsement of the late Indiana congresswoman’s husband.

Indiana governor in Taiwan following high-profile US visits

August 22, 2022 | Associated Press

Indiana’s Republican governor met with Taiwanese President Tsai Ing-wen on Monday, following two recent high-profile visits by U.S. politicians that drew Beijing’s ire and Chinese military drills that included firing missiles over the island.

Pence says he didn’t leave office with classified material

August 22, 2022 | Associated Press

Former Vice President Mike Pence said Friday that he didn’t take any classified information with him when he left office.

Bopp claims revocation of his Wisconsin admission is ‘meaningless and pointless’

August 19, 2022 | Marilyn Odendahl

A Wisconsin trial judge has revoked the temporary admission granted to Indiana attorney James Bopp Jr., claiming the Hoosier applied “phony legal principles to invented facts.” But the Terre Haute lawyer is responding by calling the judge’s revocation “meaningless and pointless” and by filing what is a fourth appeal in an open records lawsuit that began in December 2021.

Retirement ceremony planned for Justice David

August 19, 2022 | IL Staff

Friends, family and colleagues will soon gather to say goodbye to the current longest-serving member of the Indiana Supreme Court. A celebration honoring retiring Justice Steven David’s career will be held at 2 p.m. Aug. 30 in the Supreme Court courtroom in Indianapolis.

Opinions Aug. 19, 2022

August 19, 2022

Court of Appeals of Indiana
Donald Johnson v. State of Indiana
21A-CR-1234
Criminal. Affirms and reverses in part the denial of Donald Johnson’s motion to dismiss the 17 Class C felony securities-related charges filed against him. Finds the state sufficiently alleged Johnson committed positive acts of concealment that tolled the statute of limitations in all the challenged charges except two, and the charging information for all remaining 15 counts against Johnson were pled with sufficient certainty based on the language in the charging informations and probable cause affidavits. Also finds the arguments Johnson sets forth regarding the elements of the alleged crimes cannot be considered by the Court of Appeals as they are to be decided by the fact-finder, not within a motion to dismiss, so the Porter Superior Court did not abuse its discretion when it denied Johnson’s motion to dismiss, with the exception of the charges involving Randall Hunt. Finally, finds the trial court did not abuse its discretion when it granted the state permission to amend the charges against Johnson to include the word “knowingly.” Remands for further proceedings.

Ball State legal studies director’s book on Ryan White nominated for award

August 19, 2022 | IL Staff

A book penned by an Indianapolis-area lawyer has been selected for the shortlist of honorees for the 2022 Eugene and Marilyn Glick Indiana Authors Awards.

Panel rules Justice improperly withheld memo in Russia probe

August 19, 2022 | Associated Press

The Justice Department under Attorney General William Barr improperly withheld portions of an internal memorandum Barr cited in publicly announcing that then-President Donald Trump had not committed obstruction of justice in the Russia investigation, a federal appeals panel said Friday.

15 of 17 securities fraud charges against 1 man upheld on appeal

August 19, 2022 | Olivia Covington

A 17-count indictment against a man accused of securities fraud has largely been upheld on appeal, although the Court of Appeals of Indiana did order the dismissal of two of those charges on statute-of-limitations grounds.

Plea deal struck in 2021 slaying of woman, 82, at Lake James

August 19, 2022 | Associated Press

A man accused of killing an 82-year-old woman at Lake James last year would plead guilty to murder and burglary charges under a plea agreement if a judge accepts the deal.

Indiana agencies start sending new round of tax rebates

August 19, 2022 | Associated Press

Indiana state tax rebate payments have started to be made by direct bank deposit or printed checks, although some taxpayers will have to wait until October to receive the money.

Trump executive pleads guilty in tax case, agrees to testify

August 19, 2022 | Associated Press

A top executive at former President Donald Trump’s family business pleaded guilty Thursday to evading taxes on a free apartment and other perks, striking a deal with prosecutors that could make him a star witness against the company at a trial this fall.

Judge appears willing to unveil some of Mar-a-Lago affidavit

August 19, 2022 | Associated Press

A federal judge on Thursday ordered the Justice Department to put forward proposed redactions as he committed to making public at least part of the affidavit supporting the search warrant for former President Donald Trump’s estate in Florida.

Process

People on the Move

Wreath from the White House part of President Harrison’s birthday celebration

August 18, 2022 | Marilyn Odendahl

To commemorate President Benjamin Harrison’s 189th birthday, a wreath sent from the White House will be laid at his gravesite in Crown Hill Cemetery in a special ceremony Friday morning, which will be followed by a celebration at his home Saturday with free tours and, of course, cake.

Missed opportunity waives arguments for appeal against $110K restitution order

August 18, 2022 | Marilyn Odendahl

A convicted sex offender’s perceived legal strategy for avoiding a six-figure restitution judgment backfired when the 7th Circuit Court of Appeals determined he had waived the issue because he did not raise his arguments at sentencing.

COA: Moot involuntary commitment order was appropriate

August 18, 2022 | Katie Stancombe

A woman who was permitted to challenge her involuntary commitment order by the Indiana Supreme Court did not sway the Court of Appeals of Indiana on remand from its original decision after it concluded again that her temporary commitment was appropriate.

Water provider not subject to state billing, disconnection provisions, COA rules

August 18, 2022 | Katie Stancombe

A dispute brought by a southern Indiana residential community about whether its water provider’s bill payment and customer disconnect rules violated state law has been stopped up by the Court of Appeals of Indiana, which affirmed that the provider isn’t subject to the state provisions.

7th Circuit: Prisoner failed to exhaust administrative remedies before filing 8th Amendment suit

August 18, 2022 | Jordan Morey

An Indiana inmate who alleged a doctor and nurse were deliberately indifferent to his medical needs has failed to convince the 7th Circuit Court of Appeals that his appeal is not precluded by his failure to exhaust administrative remedies.

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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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