Man convicted in hit-and-run that killed Columbus girl, 16
A man has been convicted in the hit-and-run death of a 16-year-old Indiana high school student struck by his car last year as she prepared to board a school bus.
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Mears says attorney general not representing Marion County’s interest in abortion lawsuit
In a battle that has broken out in one of Indiana’s abortion lawsuits, Marion County Prosecutor Ryan Mears is asserting Indiana Attorney General Todd Rokita is overstepping his authority and making allegations about the quality of work of the AG’s office.
Veteran NY judge named arbiter in Trump Mar-a-Lago probe
A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter in the criminal investigation into the presence of classified documents at former President Donald Trump’s Florida home.
BP reaches $2.75M deal over Indiana refinery pollution
Oil titan BP reached a $2.75 million settlement Thursday over air pollution from its largest refinery after environmentalists complained of repeated emissions violations at the Whiting facility in Indiana.
Democrats punt same-sex marriage vote until after election
Democrats are punting a vote to protect same-sex and interracial marriages until after the November midterm elections, pulling back just days after Majority Leader Chuck Schumer vowed to put the Senate on the record on the issue “in the coming weeks.”
House OKs bill to curb political interference with census
The U.S. House passed legislation Thursday intended to make it harder for presidents to interfere with the once-a-decade census that determines political power and federal funding.
First day of new abortion law brings diverse reactions
With Indiana’s new abortion ban in effect starting today, the state’s Democratic senators, representatives and candidates spent the day decrying the law passed by the Legislature earlier this summer while Republicans remained mostly quiet.
In Molter’s first arguments, IN Supreme Court considers voir dire questions
Given that the purpose of voir dire is to determine whether prospective jurors can be fair and impartial, shouldn’t denying a defendant the opportunity to directly question them be recognized as a violation of their rights?
CLE highlights benefits of commercial courts
At the conclusion of the three-hour CLE, presenting judges and attorneys came to similar conclusions regarding the Indiana Commercial Courts: They’ve improved efficiency and lowered costs, but more lawyers and businesses should take advantage of them.
Opinions Sept. 15, 2022
Court of Appeals of Indiana
Tracey Wheeler v. Wendy Knight and Jay Hall (mem. dec.)
21A-SC-2211
Small claims. Affirms the small claims judgment in favor of Wendy Knight and Jay Hall in a dispute with Tracey Wheeler. Finds Wheeler is not entitled to a new trial based on his argument that he was informed of the trial date one day before trial, because he was offered a continuance and declined, he did not object to appearing by telephone or show that his appearance by telephone prevented him from testifying as to any matter, and the record demonstrates that the Madison Circuit Court provided adequate opportunity for him to present his testimony and argument and to respond to the defendants’ arguments. Also finds the evidence and small claims court do not reach opposite conclusions.
Trans girls’ sports ban: Rokita opposes Title IX changes, female athletes file amici brief supporting the state
Efforts supporting a law restricting transgender girls from participating in girls’ K-12 sports continued this week, with Attorney General Todd Rokita opposing proposed Title IX changes and a group of female athletes filing a brief in support of the ban.
Sheriff: Inmate, jailer shared 949 phone calls before escape
An Alabama inmate who authorities say escaped with the help of a jail supervisor who later killed herself in Indiana shared nearly 1,000 phone calls with the woman before the breakout, news outlets reported.
Justices side with LGBTQ group at Jewish university, for now
The U.S. Supreme Court has cleared the way for an LGBTQ group to gain official recognition from a Jewish university in New York, though that may not last.
Abortion ban legislation adds to political challenge for GOP
Don Bolduc didn’t have much time to celebrate winning the Republican nomination for Senate in New Hampshire on Wednesday before he and other swing-state GOP candidates were on the defensive.
‘Serial’ case: Prosecutors move to vacate Syed’s conviction
Baltimore prosecutors asked a judge on Wednesday to vacate Adnan Syed’s conviction for the 1999 murder of Hae Min Lee — a case that was chronicled in the hit podcast “Serial.”
COA rules dispute over agreement with former Celadon Group must move to Delaware courts
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
Foley selected to fill Court of Appeals of Indiana vacancy
Morgan Superior Judge Peter R. Foley has been selected as the newest member of the Court of Appeals of Indiana, Gov. Eric Holcomb announced Wednesday.
Stepdad waives arguments against comfort animal in court, loses child molesting appeal
The Indiana Court of Appeals has affirmed a trial court’s decision to allow a child molestation victim to testify in court with a comfort animal at her side. The ruling means the defendant’s child molesting convictions will stand.
Opinions Sept. 14, 2022
Court of Appeals of Indiana
Jose L. Izaguirre v. State of Indiana
21A-CR-2258
Criminal. Affirms Jose L. Izaguirre’s convictions of two counts of Level 1 felony child molesting committed against his stepdaughter and his sentence to an aggregate of 40 years, with five years suspended to probation. Finds Izaguirre waived his arguments regarding Indiana Code § 35-40-5-13 by failing to make cogent arguments or cite relevant authority. Waiver notwithstanding, finds Izaguirre cannot demonstrate that he was prejudiced by the presence of the comfort animal when he confessed to two of the crimes of which the jury found him guilty.
Evansville OKs paying $1.75M in deadly police chase crash
The city of Evansville has agreed to pay $1.75 million to settle a woman’s lawsuit stemming from a 2017 police chase crash that killed her two children and her husband and left her seriously injured.