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precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.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

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.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

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

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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